Orser v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 29,1908, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial. This action was brought to recover for personal injuries alleged to have been received through defendant’s negligence in permitting an obstruction to remain in one of its streets.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 29,1908, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granted a new trial. This action was brought to recover for personal injuries alleged to have been received through defendant’s negligence in permitting an obstruction to remain in one of its streets. The facts, so far as material, are stated in the opinion. The trial court properly nonsuited ■the plaintiff, and the order of the Appellate Division…
1Opinion of the CourtWillard Bartlett, J.
The determination of this appeal depends upon the question whether there was any evidence adduced in behalf of the plaintiff sufficient to warrant.the jury in finding that the city of New York had notice of the presence in the street of the obstruction which caused the injury to the plaintiff. There was no attempt to prove actual notice to any officer or agent of the municipality. The sole reliance of the plaintiff was upon the doctrine of constructive notice, based upon the proposition that the stone over which she fell had been at the place where the accident occurred long enough to charge…
2Cases cited2 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Turner v. . City of NewburghNew York Court of Appeals · 1888
3Cited by4 opinions
- Valle v. City of New YorkNew York Supreme Court · 1960
- O'Brien v. ChristyNew York Supreme Court · 1989
- Moriarty v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Procida v. City of New YorkNew York Court of Appeals · 1971