Hyperlawhypertext legal database Crouter v. City of New City 130 A.D. 873

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Crouter v. City of New City

130 A.D. 873 Court First Department, English

Decision Majority — Per Curiam: · Dissent — Ingraham, J. (dissenting):

Contents
p. 873
First Department,
January, 1909.
Sarah Crouter, as Administratrix, etc., of Joseph Crouter, Deceased, Appellant, v. The City of New York, Respondent.

Headnote

Negligence — municipal corporation — injury by turning on hydrant.
Appeal from a judgment entered January 25, 1908, dismissing the complaint.

Judgment reversed and new trial granted, with costs to appellant to abide event, upon the ground that a question of fact was presented which should have been submitted to the jury as to the negligence of the defendant's servant. Present — Patterson, Ingraham, Laughlin, Clarke and Scott, JJ.

I dissent upon the ground that it was not negli-

gent for the street cleaner, to turn on the hydrant, a horse and wagon being twenty-five feet or more from the hydrant; as such an accident as happened could not have been anticipated and that, therefore, there was no evidence to justify submitting the question of defendant’s negligence to the jury. Judgment reversed, new trial ordered, costs to appellant to abide event.