Beck v. . Carter
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order reversing an order of Special Term granting a new trial and directing judgment on a verdict.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the fourth judicial department in favor of plaintiff, entered upon an order reversing an order of Special Term granting a new trial and directing judgment on a verdict. (¡Reported below, 6 Hun, 604.) This action was brought to recover damages for injuries alleged to have been sustained by plaintiff by falling into an excavation made by defendant’s testator, Joseph Carter, who was the original defendant, on his land situated in the village of Bath. Said Carter was the owner of a lot of land on the northeast corner of Buell…
1Opinion of the CourtAndrews, J.
The jury have found that there was no negligence on the part of the plaintiff, and this finding is justified by the evidence. The night was dark, and there was no visible boundary to the alley on the east side, opposite the defendant’s lot. As the plaintiff came near Buel street he stepped to the east to avoid an approaching omnibus, and fell into the excavation. But the fact that the plaintiff was free from negligence does not alone furnish any ground for a recovery against the defendant. It must also appear that the circumstances created a duty on the defendant to fence or otherwise guard…
2Cited by158 opinions
- Griffen v. . ManiceNew York Court of Appeals · 1901
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- City of Indianapolis v. EmmelmanIndiana Supreme Court · 1886
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