Storrs v. . the City of Utica
New York Court of Appeals
Appeal from the Supreme Court. The complaint charged! that the defendant, having the care and control of the public streets within the limits of the city of Utica, caused a sewer ■ to be excavated in Genesee-street, and carelessly left and permitted the excavation to remain open in the night-time, ■ without any guard, barrier or protection to keep travelers from falling therein, and without any lamps or lights to enable passengers to discover the danger, by reason of which…
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Appeal from the Supreme Court. The complaint charged! that the defendant, having the care and control of the public streets within the limits of the city of Utica, caused a sewer ■ to be excavated in Genesee-street, and carelessly left and permitted the excavation to remain open in the night-time, ■ without any guard, barrier or protection to keep travelers from falling therein, and without any lamps or lights to enable passengers to discover the danger, by reason of which negligence the plaintiff drove a wagon into the sewer and was injured. The trial was at the Oneida circuit, before Mr.…
1Opinion of the CourtComstock, J.
The charge of the judge under which the jury found a verdict against the defendant asserted the doctrine, in substance, that if, in the course of a public improvement, it became necessary for the city corporation to make an excavation in a street so as to render it unfit or dangerous to be traveled upon, it became the duty of the city to take measures, either by lighting the street or otherwise, to warn travelers of the danger, and that this duty did not rest upon the contractor unless He had specially agreed to perform it. I am of opinion that there was no error in this charge, unless it be…
2Cases cited1 opinion
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
3Cited by173 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Kleeman v. RheingoldNew York Court of Appeals · 1993
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