Sullivan v. . Dunham
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 15, 1898, unanimously affirming a judgment entered upon a verdict in favor of the plaintiff.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 15, 1898, unanimously affirming a judgment entered upon a verdict in favor of the plaintiff. On the 10th of June, 1895, Annie E. Harten, the plaintiff’s intestate, a young lady nineteen years of age, while traveling on a public highway near the village of Irvington, in the county of Westchester, was killed by a blow from a section of a tree which fell upon her, after it- had been hurled more than four hundred feet by a blast. The defendants, Dinkel and…
1Opinion of the CourtVann, J.
The main question presented by this appeal is whether one who, for a lawful purpose and without negligence or want of skill, explodes a blast upon his own land and thereby causes a piece of wood to fall upon a person lawfully traveling in a public highway, is liable for the injury thus inflicted ?
The statute authorizes the personal representative of a decedent to “maintain an action to recover damages for a wrongful act, neglect, or default, by which the decedent’s death was caused, against a natural person who, or a corporation which, would have been liable to an action in favor of the…
2Cases cited23 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Losee v. . BuchananNew York Court of Appeals · 1873
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
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3Cited by70 opinions
- Judson v. Peoples Bank & Trust Co. of WestfieldSupreme Court of New Jersey · 1954
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Exner v. Sherman Power Const. Co.Court of Appeals for the Second Circuit · 1931
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