Haynes v. City of New York

Appellate Division of the Supreme Court of New York

Haynes v. City of New York

259 A.D. 837, 19 N.Y.S.2d 164, 1940 N.Y. App. Div. LEXIS 6922

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

DecidedApril 15, 1940

StatusPublished

Cited by1 cases

This text of 259 A.D. 837 (Haynes 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

Haynes v. City of New York, 259 A.D. 837, 19 N.Y.S.2d 164, 1940 N.Y. App. Div. LEXIS 6922 (N.Y. Ct. App. 1940).

Pincite

Opinion

Action on behalf of an infant to recover for personal injuries, and by the parent to recover for loss of services. The infant plaintiff was injured when he fell down a cellar opening immediately in front of a city firehouse. Metal doors covered the opening, flush with the sidewalk, although the doors are inside the building line. The doors were open, there was no bar between the doors, and only some empty ash cans were in front of the opening. The infant plaintiff, either while playing with or being shoved by some other boy, struck an ash can and both he and the can fell down into the cellar. There was evidence that the doors over the hole were open for three or four hours. Judgment entered on the verdict of a jury in favor of plaintiffs reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. The maintenance of the firehouse property is a governmental activity and for the negligence of the firemen in connection therewith the municipality is immune from liability. There was no notice to the city of a dangerous condition on the sidewalk or on the property. Knowledge by the firemen is not such notice. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

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

Action on behalf of an infant to recover for personal injuries, and by the parent to recover for loss of services. The infant plaintiff was injured when he fell down a cellar opening immediately in front of a city firehouse. Metal doors covered the opening, flush with the sidewalk, although the doors are inside the building line. The doors were open, there was no bar between the doors, and only some empty ash cans were in front of the opening. The infant plaintiff, either while playing with or being shoved by some other boy, struck an ash can and both he and the can fell down into the cellar. There was evidence that the doors over the hole were open for three or four hours. Judgment entered on the verdict of a jury in favor of plaintiffs reversed on the law and the facts, with costs, and the complaint dismissed on the law, with costs. The maintenance of the firehouse property is a governmental activity and for the negligence of the firemen in connection therewith the municipality is immune from liability. There was no notice to the city of a dangerous condition on the sidewalk or on the property. Knowledge by the firemen is not such notice. Lazansky, P. J., Hagarty, Adel, Taylor and Close, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

259 A.D. 837, 19 N.Y.S.2d 164, 1940 N.Y. App. Div. LEXIS 6922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/haynes-v-city-of-new-york-nyappdiv-1940.

Opinion

Related

Cite This Page — Counsel Stack