Harman v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of March, 1911, upon the verdict of a jury for $1,250, and also from an. order entered in said clerk’s office on the 31st day of March, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The plaintiff has recovered a verdict for injuries alleged to have been caused by stumbling over an awning brace in front of the Colonial Theatre, between Sixty-third and Sixty-fourth streets on Broadway, as she was about to enter the theatre. A photograph of the awning is in the record, and it appears to .have been the sort of awning to be seen in the city of Hew York in front of theatres, shops, hotels, churches and frequently in front of private residences. The complaint was framed on the theory both of nuisance and negligence, but during the trial the plaintiff elected to try…
2Cases cited3 opinions
- Hoey v. . GilroyNew York Court of Appeals · 1891
- Dubois v. . City of KingstonNew York Court of Appeals · 1886
- Shelton v. Merchants' Dispatch Transportation Co.New York Court of Appeals · 1874
3Cited by4 opinions
- Hale v. City of KnoxvilleTennessee Supreme Court · 1949
- City of Knoxville v. HargisTennessee Supreme Court · 1946
- City of Knoxville v. HargisTennessee Supreme Court · 1946
- Longshore v. Albany Garage Co.Appellate Division of the Supreme Court of the State of New York · 1937