Shaw v. City of New York

Appellate Division of the Supreme Court of New York

Shaw v. City of New York

253 A.D. 924, 2 N.Y.S.2d 489, 1938 N.Y. App. Div. LEXIS 9286

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

DecidedFebruary 28, 1938

StatusPublished

Cited by3 cases

This text of 253 A.D. 924 (Shaw 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

Shaw v. City of New York, 253 A.D. 924, 2 N.Y.S.2d 489, 1938 N.Y. App. Div. LEXIS 9286 (N.Y. Ct. App. 1938).

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Opinion

In an action by the infant plaintiff to recover damages for personal injuries resulting from an alleged nuisance caused by the alleged negligence of defendants, which nuisance consisted of the encroachment [925]*925on the public highway of a cement coping upon which a low iron picket fence was imposed, and by the adult plaintiff to recover damages for loss of the infant’s services, judgment in favor of the plaintiffs, entered upon the verdict of a jury, unanimously affirmed, with costs. (Bland v. Kaufman, 249 App. Div. 842.) In our opinion the doctrine of the case cited has not been overruled by the determination of the Court of Appeals in the subsequent case of Halpin v. New York Railways Corp. (250 App. Div. 613; affd. without opinion, 276 N. Y. 545). The ruling in the Halpin case, considered in the light of its peculiar facts, is not at variance with our ruling in the Bland case and herein. Present — Lazansky, P. J., Davis, Johnston, Adel and Taylor, JJ.

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In an action by the infant plaintiff to recover damages for personal injuries resulting from an alleged nuisance caused by the alleged negligence of defendants, which nuisance consisted of the encroachment [925]*925on the public highway of a cement coping upon which a low iron picket fence was imposed, and by the adult plaintiff to recover damages for loss of the infant’s services, judgment in favor of the plaintiffs, entered upon the verdict of a jury, unanimously affirmed, with costs. (Bland v. Kaufman, 249 App. Div. 842.) In our opinion the doctrine of the case cited has not been overruled by the determination of the Court of Appeals in the subsequent case of Halpin v. New York Railways Corp. (250 App. Div. 613; affd. without opinion, 276 N. Y. 545). The ruling in the Halpin case, considered in the light of its peculiar facts, is not at variance with our ruling in the Bland case and herein. Present — Lazansky, P. J., Davis, Johnston, Adel and Taylor, JJ.

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Bluebook (online)

253 A.D. 924, 2 N.Y.S.2d 489, 1938 N.Y. App. Div. LEXIS 9286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shaw-v-city-of-new-york-nyappdiv-1938.

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