Jennings v. . Van Schaick
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Yew York, entered upon an order dated February 1, 1886, which affirmed a judgment upon a verdict in favor of plaintiff and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of Yew York, entered upon an order dated February 1, 1886, which affirmed a judgment upon a verdict in favor of plaintiff and affirmed an order denying a motion for a new trial. (Reported below, 13 Daly, 438.) This action was brought to recover damages for injuries received by plaintiff by reason of her falling into a coal-hole or opening in the sidewalk in front of an apartment-house in the city of Yew York owned by defendant. The coal-hole had been left open for the purpose of receiving…
1Opinion of the CourtFinch, J.
The plaintiff fell into an open coal-hole left uncovered and unguarded in a crowded city street. She had a right to assume the safety of the sidewalk, and so was not called upon to give attention to her steps, until in some manner warned of danger. Undoubtedly she knew that vaults and coal-chutes were common under and adjoining the sidewalks, and that through the ordinary openings coal was deposited in such vaults. But she had a right to assume that they were securely covered, or if left open were guarded by some one to give warning, or by the crib or box prescribed by the city ordinance.…
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