Legal Opinion

Cusick v. . Adams

New York Court of Appeals

Decided June 4, 1889PublishedCited by 58 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 20,1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict, and reversed an order setting it aside, and ordering a new trial. This action was brought to recover damages for injuries alleged to have been' caused by defendant’s negligence. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made May 20,1886, which affirmed a judgment in favor of the plaintiff, entered upon a verdict, and reversed an order setting it aside, and ordering a new trial. This action was brought to recover damages for injuries alleged to have been' caused by defendant’s negligence. The material facts are stated in the opinion. If plaintiff was on defendant’s private property by license, defendant was not liable for the injury. (Larmon v. Crown Point, 101 N. Y. 391, 395; Matze v. N. Y.…

1Opinion of the CourtGray, J.

The plaintiff recovered damages against the defendant for injuries resulting from a fall through a hole in a bridge, which the defendant had, some years previously, constructed over the Mohawk river, to connect an island belonging to him with the city of Cohoes.

The plaintiff was crossing the bridge in order to see some shooting-matcli upon the island. He sustained no relations with the defendant, and it is not pretended that the defendant had anytliing to do with the objects which induced the plaintiff to cross the bridge. He simply used it for Ms own convemence and pleasure. The right to…

2Cases cited5 opinions

  1. Beck v. . CarterNew York Court of Appeals · 1877
  2. Hargreaves v. DeaconMichigan Supreme Court · 1872
  3. Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
  4. Parker v. Portland Publishing Co.Supreme Judicial Court of Maine · 1879
  5. Sutton v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1876

3Cited by58 opinions

  1. Scurti v. City of New YorkNew York Court of Appeals · 1976
  2. Means v. Southern California Railway Co.California Supreme Court · 1904
  3. Mayer v. Temple Properties Inc.New York Court of Appeals · 1954
  4. Heskell v. Auburn Light, Heat & Power Co.New York Court of Appeals · 1913
  5. Garthe v. RuppertNew York Court of Appeals · 1934

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