Swift v. City of New York
Cases that cite this one
5 later published cases cite this decision.
- MacKinnon v. Hendrickson Bros. (Appellate Division of the Supreme Court of New York 1964)
- Shemin v. City of New York (Appellate Division of the Supreme Court of New York 1958)
- Salsbury v. United Parcel Service Inc. (City of New York Municipal Court 1953)
- Steeves v. City of Rochester (N.Y. 1944)
- Bauman v. Be-Jel Realty Corp. (New York Supreme Court 1939)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
There is no evidence that defendant was chargeable with notice of special danger to children from existing conditions. (Johnson v. City of New York, 208 N. Y. 77; McDonald v. Degnon-McLean Cont. Co., 124 App. Div. 824; affd., 205 N. Y. 502.) The ordinance was intended for the protection of persons traveling on the highway in the usual manner, and even, if applicable to the facts in this case, its violation is not shown to have been the proximate cause of plaintiff’s injury. No causal connection is shown.
The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.
Crane, Ch. J., Lehman, O’Brien, Hubbs, Crouch, Loughran and Finch, JJ., concur. Judgments reversed, etc.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.