Legal Opinion

Laverdure v. Mayor of New York

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898Published

Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of Hew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9th day of October, 1897, upon the verdict of a jury for $3,000, and also from an order entered in said- clerk’s office on the 14th day of October, 1897, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Van Brunt, P. J.:

This action was brought to recover damages for certain alleged injuries received by the plaintiff as the result of falling into a hole in the sidewalk on Eighth avenue, which hole was on the westerly side of the avenue about twenty or thirty feet south of the corner of One Hundred and First, street. This sidewalk was from nine to twelve feet wide, and there was only a single row of flags three feet wide running through the middle, and there was grass growing upon each side nearly as high as the knee.

The proof shows that the plaintiff and two friends were walking up Eighth…

2Cases cited2 opinions

  1. Weed v. . Village of Ballston SpaNew York Court of Appeals · 1879
  2. Parcells v. City of AuburnNew York Supreme Court · 1894

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