McCann v. City of New York

Appellate Division of the Supreme Court of New York

McCann v. City of New York

270 A.D. 1040, 63 N.Y.S.2d 207, 1946 N.Y. App. Div. LEXIS 5247

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

DecidedJune 24, 1946

StatusPublished

Cited by5 cases

This text of 270 A.D. 1040 (McCann 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

McCann v. City of New York, 270 A.D. 1040, 63 N.Y.S.2d 207, 1946 N.Y. App. Div. LEXIS 5247 (N.Y. Ct. App. 1946).

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Opinion

Action to recover damages for personal injuries suffered by the infant plaintiff as- a consequence of a fall from a narrow ledge on the outer side of a pedestrian bridge in Highland Park, Borough of Queens. Judgment for the plaintiff reversed on the law and facts, with costs, and complaint dismissed on the law, with costs. No actionable negligence was established by the plaintiff. She suffered injury as a consequence of. going needlessly and recklessly on a portion of the structure at a point where no one had a right to go. The structure itself, was free from any defect so far as construction or maintenance was concerned. It was safe for travel by all who used it in a proper and customary manner. Only the highway was held out for such use; no other part was held out for use as a crossing. (Freeman v. Brooklyn Heights B. B. Go., 54 App. Div. 596; Bridge ,Co. v. Jackson, 114 Pa. 321; Maginnis v. City of Brooklyn, 126 N. Y. 644; Panumio v. State of New York, 266 App. Div. 9, affd. 292 N. Y. 625; McHugh v. Beading Go., 346 Pa. 266.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Action to recover damages for personal injuries suffered by the infant plaintiff as- a consequence of a fall from a narrow ledge on the outer side of a pedestrian bridge in Highland Park, Borough of Queens. Judgment for the plaintiff reversed on the law and facts, with costs, and complaint dismissed on the law, with costs. No actionable negligence was established by the plaintiff. She suffered injury as a consequence of. going needlessly and recklessly on a portion of the structure at a point where no one had a right to go. The structure itself, was free from any defect so far as construction or maintenance was concerned. It was safe for travel by all who used it in a proper and customary manner. Only the highway was held out for such use; no other part was held out for use as a crossing. (Freeman v. Brooklyn Heights B. B. Go., 54 App. Div. 596; Bridge ,Co. v. Jackson, 114 Pa. 321; Maginnis v. City of Brooklyn, 126 N. Y. 644; Panumio v. State of New York, 266 App. Div. 9, affd. 292 N. Y. 625; McHugh v. Beading Go., 346 Pa. 266.) Lewis, P. J., Hagarty, Carswell, Johnston and Adel, JJ., concur.

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Bluebook (online)

270 A.D. 1040, 63 N.Y.S.2d 207, 1946 N.Y. App. Div. LEXIS 5247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccann-v-city-of-new-york-nyappdiv-1946.

Opinion

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