Gastel v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1908, sustaining plaintiff’s exceptions taken to rulings qn the trial and to the dismissal of the complaint by the court at a Trial Term, which exceptions were ordered to be heard in the first instance by the Appellate Division, and granting a motion for a new trial. . This action was brought to recover damages for the alleged negligence of the defendant in…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 12, 1908, sustaining plaintiff’s exceptions taken to rulings qn the trial and to the dismissal of the complaint by the court at a Trial Term, which exceptions were ordered to be heard in the first instance by the Appellate Division, and granting a motion for a new trial. . This action was brought to recover damages for the alleged negligence of the defendant in maintaining a defective sidewalk on Prospect Park West near the intersection of Sixteenth street, whereby plaintiff "was…
1Opinion of the CourtHiscock, J.
The determination of this action would be controlled beyond debate by our decision in Butler v. Village of Oxford (186 N. Y. 444), except for one feature which is claimed to distinguish it from that case. In the Village of Oxford case there was no evidence of prior accidents at the point where the plaintiff stumbled and fell, whereas in this case there is evidence that other people had been tripped by the alleged obstruction. It is true that some of this testimony is so extravagant as to create a strong and immediate distrust of its truthfulness and accuracy, but of course this question of…
2Cases cited1 opinion
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
3Cited by39 opinions
- Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Cole v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1965
- Annino v. City of UticaNew York Court of Appeals · 1937
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