Lichtenstein v. Mayor of New York
New York Court of Appeals
• Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 6, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for a personal injury alleged to have been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinions.
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• Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 6, 1898, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. This action was brought to recover damages for a personal injury alleged to have been caused by the negligence of the defendant. The facts, so far as material, are stated in the opinions. Absence of contributory negligence on the part of the plaintiff has not been shown. (Whalen v. C. G. L. Co., 151 N. Y. 74 ; Wilson v. City of Charlestown, 8 Allen, 137 ;…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered a verdict of $2,000 for a personal injury sustained while crossing Seventy-ninth street, in the city of Hew York, on the 8tli day of March, 1893. There is no dispute about the main facts upon which the action is based. It appears that the plaintiff, while crossing from one side of the street to the other, upon a crosswalk, slipped and fell, sustaining what is called a Pott’s fracture of the leg. It is not claimed that the crosswalk itself was out of order, but it appears that considerable snow had fallen during the winter, and some six or seven inches within three or…
2Cases cited5 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- Kaveny v. . the City of TroyNew York Court of Appeals · 1888
3Cited by8 opinions
- Williams v. . City of New YorkNew York Court of Appeals · 1915
- Dapper v. City of MilwaukeeWisconsin Supreme Court · 1900
- Egan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
- Winckler v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Loretz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
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