Smith v. City of Rochester
New York Supreme Court
Appeal from circuit court, Monroe county. Suit by Florence A. Smith against the city of Rochester to recover for personal injuries. There was a judgment of nonsuit, and plaintiff then moved for a new trial upon exceptions ordered to be heard in the first instance at the general term.
1Opinion of the CourtMacomber, J.
At the trial of this action the plaintiff was nonsuited upon the ground that no notice had been given to the authorities of the city of ■Rochester of the dangerous or unsafe condition of the street upon which the injuries complained of were received by the plaintiff. The action is one of negligence, for bodily injuries sustained by the plaintiff on the 2d day of June, 1888, between the hours of 9 and 10 in the evening, while walking on a public sidewalk on the west side of North avenue. A stone walk which had lain in the place where the plaintiff was injured had been removed by the owner of…
2Cases cited1 opinion
- McNally v. . City of CohoesNew York Court of Appeals · 1891
3Cited by2 opinions
- Smith v. City of RochesterNew York Supreme Court · 1894
- Elias v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1900