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29 A.D. 309

Murphy v. Leggett

Appellate Division of the Supreme Court of the State of New York · decided 1898-07-01

Appeal by the defendants, Francis H. Leggett and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 22d day of Hovember, 1897, upon the verdict of a jury for $700, and also from an order entered in said clerk’s office on the 2d day of December, 1897, denying the defendants’ motion for a new trial made upon the minutes.

Decided 1898-07-01

O'Brien, J.:

¶1I concur in the result on the ground that, whether the platform was or was not a nuisance, the backing up of trucks on the sidewalk so as to prevent the public from using the sidewalk was a nuisance ; and the plaintiff, being obliged to pass over the platform to get around the trucks obstructing her passage, and being as a result injured, is entitled to recover.

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