Carolus v. Mayor of New York

The Superior Court of New York City

Carolus v. Mayor of New York

19 Bosw. 15

CourtThe Superior Court of New York City

DecidedJanuary 7, 1860

StatusPublished

This text of 19 Bosw. 15 (Carolus v. Mayor of New York) is published on Counsel Stack Legal Research, covering The Superior Court of New York City primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carolus v. Mayor of New York, 19 Bosw. 15 (N.Y. Super. Ct. 1860).

Pincite

Opinion

By the Court— Hoffman, J.

The intestate came to his death by heedlessly using as a path, an embankment of about two or three feet in width, raised by the contractors for regulating the Eighth avenue; never intended, designated, or by any implication used or authorized to be used as a foot-path, by the defendants,- or any one under them. It is shown that the carriageway, which he could have used, was no. more than inconvenient; no risk was encountered by pursuing it, which very slight care would not avoid: none, it seems, could occur, except in meeting carriages. It was from nine to twelve feet wide. There were other safe and not inconvenient modes of getting to his house. (18 N. Y. R., 427.)

We think the dismissal of the complaint was right, and the judgment should be affirmed, with, costs.

. Ordered accordingly. -

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court— Hoffman, J.

The intestate came to his death by heedlessly using as a path, an embankment of about two or three feet in width, raised by the contractors for regulating the Eighth avenue; never intended, designated, or by any implication used or authorized to be used as a foot-path, by the defendants,- or any one under them. It is shown that the carriageway, which he could have used, was no. more than inconvenient; no risk was encountered by pursuing it, which very slight care would not avoid: none, it seems, could occur, except in meeting carriages. It was from nine to twelve feet wide. There were other safe and not inconvenient modes of getting to his house. (18 N. Y. R., 427.)

We think the dismissal of the complaint was right, and the judgment should be affirmed, with, costs.

. Ordered accordingly. -

Cite This Page — Counsel Stack

Bluebook (online)

19 Bosw. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carolus-v-mayor-of-new-york-nysuperctnyc-1860.