Carr v. City of New York

Appellate Division of the Supreme Court of New York

Carr v. City of New York

257 A.D. 849, 12 N.Y.S.2d 407, 1939 N.Y. App. Div. LEXIS 8155

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 23, 1939

StatusPublished

This text of 257 A.D. 849 (Carr v. City of New York) 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

Carr v. City of New York, 257 A.D. 849, 12 N.Y.S.2d 407, 1939 N.Y. App. Div. LEXIS 8155 (N.Y. Ct. App. 1939).

Pincite

Opinion

Action for damages for personal [850]*850injuries sustained when plaintiff slipped on an accumulation of oil and grease on a roadway, at a point other than at a crosswalk, in the borough of Richmond. Judgment for the plaintiff reversed on the law, with costs, and the complaint dismissed, with costs. The accumulation of oil and grease to the extent of one-half inch or less, on a public highway, as indicated by plaintiff’s Exhibits 2 and 3, at a point other than at a crosswalk, due to drippings from buses, did not constitute a condition of actionable negligence on the part of the appellant. (O’Reilly v. City of Syracuse, 49 App. Div. 538; Osborne v. Village of North Tarrytown, 180 id. 224; Hagenv. Village of Montgomery, 268 N. Y. 709; Greater New York Charter, § 383, second subd. 1.) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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Action for damages for personal [850]*850injuries sustained when plaintiff slipped on an accumulation of oil and grease on a roadway, at a point other than at a crosswalk, in the borough of Richmond. Judgment for the plaintiff reversed on the law, with costs, and the complaint dismissed, with costs. The accumulation of oil and grease to the extent of one-half inch or less, on a public highway, as indicated by plaintiff’s Exhibits 2 and 3, at a point other than at a crosswalk, due to drippings from buses, did not constitute a condition of actionable negligence on the part of the appellant. (O’Reilly v. City of Syracuse, 49 App. Div. 538; Osborne v. Village of North Tarrytown, 180 id. 224; Hagenv. Village of Montgomery, 268 N. Y. 709; Greater New York Charter, § 383, second subd. 1.) Lazansky, P. J., Hagarty, Carswell, Adel and Taylor, JJ., concur.

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Bluebook (online)

257 A.D. 849, 12 N.Y.S.2d 407, 1939 N.Y. App. Div. LEXIS 8155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-city-of-new-york-nyappdiv-1939.

Opinion

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