Elias v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Action by Theresa Elias against the city of Bochester, From a judgment of nonsuit, plaintiff excepts. . Exceptions ordered and heard in appellate division. Exceptions sustained, and new trial ordered.
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Action by Theresa Elias against the city of Bochester, From a judgment of nonsuit, plaintiff excepts. . Exceptions ordered and heard in appellate division. Exceptions sustained, and new trial ordered. The plaintiff was injured by falling on a defective sidewalk on Smith street, in the city of Rochester, October 24, 1896. Section 218 of the city charter (chapter 14, Laws 1880) provides: “It shall in all eases he the duty of the owner of every lot or piece of land in said city to keep the sidewalks adjoining his lot or piece of land in good repair, and to remove and clean away all snow and ice…
1Dissent
McLENNAN, j.
(dissenting). The evidence on the part of the plaintiff tends to show that on the 24th day of October, 1896, while walking upon the sidewalk on the north side of Smith street, in the ■city of Eochester, N. Y., and without any fault or negligence upon her part, she'stepped into a hole in a plank in the sidewalk, tripped, ■and fell, and sustained injury; that the walk was in a defective and dangerous condition; had been for several months prior to the accident; and that, by a proper inspection, its condition, and the defect which occasioned the injury, could have been readily…
2Cases cited4 opinions
- Sprague v. . City of RochesterNew York Court of Appeals · 1899
- McNally v. . City of CohoesNew York Court of Appeals · 1891
- Smith v. City of RochesterNew York Supreme Court · 1894
- Smith v. City of RochesterNew York Supreme Court · 1892