Mary Galvin, as Administratrix v. the Mayor, Aldermen and Commonalty of the City of New York…

Summary

The New York Court of Appeals reversed the trial court's nonsuit, holding that the jury should have been allowed to consider evidence of customary coal‑delivery practices and that the City of New York was liable for its own negligence in maintaining the hazardous grating. The court also found no proof of contributory negligence by the deceased and rejected the master‑servant rule as a shield for the city.