Willis v. Parker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cora Willis, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Cayuga on the 9th day of November, 1915, sustaining a demurrer to the complaint upon the decision of the court after atrial at the Cayuga Special Term.
1Dissent
Foote, J. (dissenting):
Plaintiff sustained' personal injuries on November 10, 1912, while passing over a sidewalk in the city of Auburn in the night time, because one of the planks which rested upon decayed stringers was so loose and insecure that when plaintiff’s companion, who was walking with her, stepped upon the plank it flew up, plaintiff struck her foot against it and fell and was seriously injured.
She has sued defendant as the owner of the property in front of which this sidewalk was maintained, on the ground that by the charter of the city of Auburn defendant is made personally *556liable…
2Cases cited3 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Kosters v. National Bank of AuburnNew York Supreme Court · 1909
- Cashen v. . City of AuburnNew York Court of Appeals · 1888