New York Court of Appeals

Clara A. Davenport, Respondent v. Elisha Ruckman, and the Mayor, Aldermen, and Commonalty of the City of New York

January 5, 186837 N.Y. 568

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the City corporation is liable for the dangerous sidewalk excavation and that the lessee/owner Buckman is likewise liable despite the premises being occupied by a tenant. The court also rejected the argument that the plaintiff's partial blindness barred recovery, emphasizing a reasonable assurance of safety standard.