Bieling v. . City of Brooklyn
New York Court of Appeals
Appeal by the city of Brooklyn from an order of the General Term of the City Court of Brooklyn, made August 25,1887, which reversed a judgment entered upon an order dismissing the complaint on trial, and which granted a new trial. Also appeal by the plaintiff from an order of the General Term affirming a like judgment in favor of the defendant Hopes. The nature of the action and the material facts are stated in the opinion.
Read the full summary
Appeal by the city of Brooklyn from an order of the General Term of the City Court of Brooklyn, made August 25,1887, which reversed a judgment entered upon an order dismissing the complaint on trial, and which granted a new trial. Also appeal by the plaintiff from an order of the General Term affirming a like judgment in favor of the defendant Hopes. The nature of the action and the material facts are stated in the opinion. The plaintiff did not show negligence imputable to the defendant, the city of Brooklyn, which entitled her to go to the jury as against the defendant, the city of…
1Opinion of the CourtBradley, J.
The action was brought to recover damages for personal injuries suffered hy the plaintiff, and alleged to have been occasioned by the negligence of the defendants. The injury was caused by the falling of an awning, under which the plaintiff was passing, on the sidewalk on Court street in the city of Brooklyn, in December, 1883: It was placed there several years before, and the fact that the awning was covered with boards, seems to have been in violation of an ordinance of the city. The evidence tended to prove that the ends of the rafters next to the building wore not securely supported, that…
2Cases cited8 opinions
- Moore v. . MayorNew York Court of Appeals · 1878
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Chautauque County Bank v. RisleyNew York Court of Appeals · 1859
- Fitzpatrick v. . SlocumNew York Court of Appeals · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Mayor of Birmingham v. StarrSupreme Court of Alabama · 1895
- Tholkes v. DecockSupreme Court of Minnesota · 1914
- Barry v. Village of Port JervisAppellate Division of the Supreme Court of the State of New York · 1901
- Metzroth v. City of New YorkNew York Court of Appeals · 1926
- Mayor of Wilmington v. EwingSupreme Court of Delaware · 1899
17 more not listed; retrieve them via the Exa API.