Leone v. City of Utica
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*465OPINION OF THE COURT
Dillon, J.
We are here concerned with the liability which may befall a municipality for injuries sustained by a child on railroad property located adjacent to a city-owned and regularly used park and playground. While the degree of care to be imposed upon a municipality in a particular case is necessarily dependent upon the attendant circumstances and is thus ordinarily a jury question (Caldwell v Village of Is. Park, 304 NY 268), it is the claim of the defendant City of Utica that the plaintiffs should be foreclosed from recovery as a matter of law. We disagree.
Gilmore…
2Cases cited18 opinions
- Dole v. Dow Chemical Co.New York Court of Appeals · 1972
- Baltimore & Ohio Railroad v. GoodmanSupreme Court of the United States · 1927
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Scurti v. City of New YorkNew York Court of Appeals · 1976
- Teresta v. City of New YorkNew York Court of Appeals · 1952
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3Cited by21 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
- Levine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Leone v. City of UticaNew York Court of Appeals · 1980
- Atkinson v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1980
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