New York Court of Appeals

John J. O’Neill, as Administrator of the Estate of Helen M. O’Neill, Deceased, Appellant v. City of Port Jervis Et…

May 6, 1930253 N.Y. 423

Summary

The New York Court of Appeals reversed the Appellate Division's dismissal and remanded for a new trial, holding that the city and the property owner may be liable for negligence in unlawfully obstructing the sidewalk, that the death was potentially a natural consequence of that obstruction, and that the father's contributory negligence must be considered.