Morrissey v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lillie Morrissey, an infant, by Patrick Morrissey, her guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 22d day of March, 1901, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case upon a trial at the Kings County Trial Term.
1Opinion of the Court
Hirschberg, J.:
Ho question is presented as to the defendant’s negligence, it being conceded on the argument for the purposes of this appeal, and the nonsuit having been granted solely on the ground that the plaintiff is chargeable with contributory negligence as matter of law. She fell into a hole which the defendant negligently and unlawfully kept *190and maintained unguarded in the sidewalk on West Sixty-second street, in the borough of Manhattan. The accident occurred on the afternoon of June 23, 1900, but the plaintiff knew of the existence of the hole as early as June third, and her…
2Cases cited3 opinions
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Weed v. . Village of Ballston SpaNew York Court of Appeals · 1879
- Boyle v. Degnon-McLean Construction Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Lendrum v. Village of CobleskillAppellate Division of the Supreme Court of the State of New York · 1920
- Giardina v. Garnerville Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1943
- Schell v. Town of German FlatsNew York Supreme Court · 1907
- Bartley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905