Galvin v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 14,1887, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 22 J. & S. 295.) This action was brought to recover damages for alleged negligence causing the death of Richard Galvin, plaintiff’s intestate. The material facts are stated In the opinion.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made March 14,1887, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial. (Reported below, 22 J. & S. 295.) This action was brought to recover damages for alleged negligence causing the death of Richard Galvin, plaintiff’s intestate. The material facts are stated In the opinion. In an action for negligence, to justify a nonsuit on the ground of contributory negligence, the undisputed facts must show the omission or commission of some…
1Opinion of the Court
Ruger, Ch. J.
"We think this was a case for the jury in all of its aspects. The plaintiff’s intestate was the driver of a cart employed to deliver coal at the court-house in the city of New York. While engaged in the performance of this duty a heavy iron grating fell upon him and inflicted injuries from which he subsequently died. This grating hung on hinges and was used to cover a hole or hatchway in the sidewalk leading into the basement of the court-house, through which the coal was to be delivered. While the work of delivery was in progress this grating was intended to be thrown back…
2Cases cited4 opinions
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Palmer v. . DearingNew York Court of Appeals · 1883
- White v. . StillmanNew York Court of Appeals · 1862
3Cited by37 opinions
- Connell v. HaydenAppellate Division of the Supreme Court of the State of New York · 1981
- Haefeli v. Woodrich Engineering Co.New York Court of Appeals · 1931
- LeBoeuf v. StateNew York Court of Claims · 1938
- Poor v. SearsMassachusetts Supreme Judicial Court · 1891
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. BennettIndiana Court of Appeals · 1893
32 more not listed; retrieve them via the Exa API.