Whalen v. . Citizens' Gas Light Co.
New York Court of Appeals
Appeal from a judgment of the General Term of the City Court of Brooklyn, entered November 27, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in denying the defendant’s motion to dismiss the plaintiff’s complaint and in submitting the case to the jury, as the negligence of the plaintiff contributed to the injury which she sustained.
Read the full summary
Appeal from a judgment of the General Term of the City Court of Brooklyn, entered November 27, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in denying the defendant’s motion to dismiss the plaintiff’s complaint and in submitting the case to the jury, as the negligence of the plaintiff contributed to the injury which she sustained. (Weber v. N. Y. C. & H. R. R. R. Co., 58 N. Y. 451; Dubois v. City of Kingston, 102 N. Y. 219; Splittorf v. State, 108 N. Y.…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for a personal injury.
On the 12th day of September, 1893, the defendant was engaged in laying a gas pipe across the sidewalk in Court street in the city of Brooklyn, connecting its gas main in that street with the premises on the northeast corner of Court and Sackett streets. For this purpose it had obtained the consent of the city authorities for the removal of the flagstones of the sidewalk in order to dig a trench in which to lay the pipe. At the time of the accident complained of it had caused a flagstone next to the building to be removed, and…
2Cases cited3 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
- Weston v. . City of TroyNew York Court of Appeals · 1893
3Cited by51 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Duggan v. Bay State Street Railway Co.Massachusetts Supreme Judicial Court · 1918
- Dunnevant v. Southern Railway Co.Supreme Court of North Carolina · 1914
- George Lebrecht v. Bethlehem Steel CorporationCourt of Appeals for the Second Circuit · 1968
- Joseph C. Tropea v. Shell Oil Company and Maripet Supply CorporationCourt of Appeals for the Second Circuit · 1962
46 more not listed; retrieve them via the Exa API.