Caven v. City of Troy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Margaret Caven, as administratrix, etc., of Maria Forgie, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 21st day of July, 1893, upon the verdict of a jury rendered after a trial at the Rensselaer Circuit, and also from an order entered in said clerk’s office on the 12th day of July, 1893, denying the plaintiff’s motion for a new trial made upon the…
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Appeal by the plaintiff, Margaret Caven, as administratrix, etc., of Maria Forgie, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rensselaer on the 21st day of July, 1893, upon the verdict of a jury rendered after a trial at the Rensselaer Circuit, and also from an order entered in said clerk’s office on the 12th day of July, 1893, denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought to recover damages resulting from the death of the plaintiff’s intestate caused by her…
1Opinion of the Court
Putnam, J.:
The questions to be determined in this case arise out of certain exceptions taken by the plaintiff to the charge of the trial judge.
In our opinion the court below did not err in instructing the jury that if Mrs. Forgie fell in the “Shields” lot and not in Fifteenth street the plaintiff could not recover under the complaint. The negligence charged against the defendant in the pleading was in permitting an excavation to remain in Fifteenth street, without guards or a light, into which the deceased fell and sustained the injury which caused her death. Negligence in not erecting a…
2Cases cited5 opinions
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Lyons v. . Erie Railway CompanyNew York Court of Appeals · 1874
- Sullivan v. . Tioga R.R. Co.New York Court of Appeals · 1889
- Alberti v. N. Y., Lake Erie & Western RailroadNew York Court of Appeals · 1889
- Hope v. . Troy and Lansingburgh Railroad CompanyNew York Court of Appeals · 1888
3Cited by9 opinions
- Haskell & Barker Car Co. v. TrzopIndiana Supreme Court · 1920
- Patterson v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Patterson v. Westchester Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Milks v. McIverNew York Supreme Court · 1933
- Gordon v. Ellenville & Kingston RailroadAppellate Division of the Supreme Court of the State of New York · 1907
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