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Blume v. City of Newburgh

265 A.D. 965, 38 N.Y.S.2d 950, 1942 N.Y. App. Div. LEXIS 6767
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 30, 1942
StatusPublished
Cited by8 cases

This text of 265 A.D. 965 (Blume v. City of Newburgh) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blume v. City of Newburgh, 265 A.D. 965, 38 N.Y.S.2d 950, 1942 N.Y. App. Div. LEXIS 6767 (N.Y. Ct. App. 1942).

Opinion

No evidence of any violation of duty on the part of the appellant that had any causal relation to the accident was shown. To cast appellant in damages under the facts of this case would be imposing upon the city a responsibility greater than reasonable caution requires. (Thompson v. Board of Education, 280 N. Y. 92; Curcio v. City of New York, 275 N. Y. 20; Peterson v. City of New York, 267 N. Y. 204; Miller v. Board of Education, Union Free School Dist. No. 1, Town of Oyster Bay, 249 App. Div. 738.) Lazansky, P. J., Carswell, Johnston and Adel, JJ., concur; Close, J., dissents and votes to affirm the judgment, with the following memorandum: There was an issue for the jury as to appellant’s negligence by reason of the fact that the person in charge of the playground permitted the slide to be subjected to a use for which it was never intended.

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Cite This Page — Counsel Stack

Bluebook (online)
265 A.D. 965, 38 N.Y.S.2d 950, 1942 N.Y. App. Div. LEXIS 6767, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blume-v-city-of-newburgh-nyappdiv-1942.