Fogarty v. New York Dock Co.

Appellate Division of the Supreme Court of New York

Fogarty v. New York Dock Co.

157 A.D. 924, 142 N.Y.S. 625

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

DecidedJune 15, 1913

StatusPublished

Cited by2 cases

This text of 157 A.D. 924 (Fogarty v. New York Dock Co.) 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

Fogarty v. New York Dock Co., 157 A.D. 924, 142 N.Y.S. 625 (N.Y. Ct. App. 1913).

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Opinion

Per Curiam:

There is no evidence, of the cause of the fall of the gate which struck and injured plaintiff. There is some suggestion that the wind was blowing upon the day that it fell, but there is no evidence as to the force thereof, nor that it was blowing at the particular time when the accident occurred. A gate placed in the position in which the evidence on the part of plaintiff’s witnesses shows this gate was placed, would remain indefinitely in that position, held by its own weight and by the force of gravity, unless interfered with. There is no evidence of the nature of such interference or defendant’s responsibility therefor. The order granting a new trial in this action should be reversed, and the direction for a nonsuit sustained, and judgment directed in accordance therewith, with costs of the action and of this appeal. Present—Jenks, P. J., Burr, Carr, Rich and Putnam, JJ. Order reversed, direction for nonsuit sustained, and judgment unanimously directed in accordance therewith, with costs of the action and of this appeal.

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Per Curiam:

There is no evidence, of the cause of the fall of the gate which struck and injured plaintiff. There is some suggestion that the wind was blowing upon the day that it fell, but there is no evidence as to the force thereof, nor that it was blowing at the particular time when the accident occurred. A gate placed in the position in which the evidence on the part of plaintiff’s witnesses shows this gate was placed, would remain indefinitely in that position, held by its own weight and by the force of gravity, unless interfered with. There is no evidence of the nature of such interference or defendant’s responsibility therefor. The order granting a new trial in this action should be reversed, and the direction for a nonsuit sustained, and judgment directed in accordance therewith, with costs of the action and of this appeal. Present—Jenks, P. J., Burr, Carr, Rich and Putnam, JJ. Order reversed, direction for nonsuit sustained, and judgment unanimously directed in accordance therewith, with costs of the action and of this appeal.

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Bluebook (online)

157 A.D. 924, 142 N.Y.S. 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fogarty-v-new-york-dock-co-nyappdiv-1913.

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