Legal Opinion

Metzroth v. City of New York

New York Court of Appeals

Decided January 12, 1926PublishedCited by 12 opinions

1Opinion of the CourtCrane, J.

On March 24, 1920, about five o’clock in the afternoon, Charles P. Metzroth was walking on Forty-ninth street near Seventh avenue, assuming, of course, that the street was perfectly safe, as it was open and in use by pedestrians. While he was thus passing along the sidewalk, five tons of brick and steel girders fell upon him, crushing and killing him. An overhead shed, upon which these materials had been stored, collapsed and gave way with this disastrous result.

That the overhead shed was insufficient is self-evident. That the inspectors of the city, charged with a duty toward the public…

2Cases cited8 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Hines v. . the City of LockportNew York Court of Appeals · 1872
  3. Bieling v. . City of BrooklynNew York Court of Appeals · 1890
  4. Parks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
  5. Parks v. . City of New YorkNew York Court of Appeals · 1907

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3Cited by12 opinions

  1. De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
  2. Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
  3. Oeters v. City of New YorkNew York Court of Appeals · 1936
  4. Wrighter v. A. A. Adams Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1931
  5. Neiberg v. Remsenburg Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1956

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