Todd v. . City of Troy
New York Court of Appeals
Appeal from the judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment for plaintiff upon the verdict of a jury. (Reported below, sub nom. Mosey v. City of Troy, 61 Barb., 580.) This action was brought by plaintiff’s intestate, Julia A. Mosey, who died after the appeal to this court, to recover damages for personal injuries alleged to have been occasioned by defendant’s negligence.
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Appeal from the judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment for plaintiff upon the verdict of a jury. (Reported below, sub nom. Mosey v. City of Troy, 61 Barb., 580.) This action was brought by plaintiff’s intestate, Julia A. Mosey, who died after the appeal to this court, to recover damages for personal injuries alleged to have been occasioned by defendant’s negligence. On the 10th day of January, 1870, while walking upon one of the sidewalks in the city of Troy, she slipped and fell, and was severely injured. There was evidence…
1Opinion of the Court
Earl, C.
The defendant is a municipal corporation, incorporated in pursuance of the act of the legislature, passed April 12, 1816, and several acts amendatory'thereof. By these acts the common council are made commissioners of highways in and for the city, and it is made their duty to regulate and keep in repair the streets of the city.
It was the duty of the city, under its charter, to keep the streets in repair and in suitable condition for public travel, and any person suffering damage or injury, without any fault on his part from a neglect of this duty, has a cause of action against the…
2Cases cited3 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Hyatt v. Trustees of RondoutNew York Supreme Court · 1863
- Hart v. City of BrooklynNew York Supreme Court · 1862
3Cited by70 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Williams v. . City of New YorkNew York Court of Appeals · 1915
- Hoven v. Employers' Liability Assurance Corp.Wisconsin Supreme Court · 1896
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
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