Ferguson v. Village of Waverly
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Waverly, from a 'judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tioga on the 16th day of March, 1908, upon the verdict of a jury for $250, and also from an order entered in said clerk’s office on the 23d day of March, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Sewell, J.:
The action is brought to recover damages for an injury to the plaintiff occasioned by a fall upon a sidewalk on Broad street in the village of Waverly.- The principal question with which this court has to deal is whether the evidence was of such a character as to warrant a finding by the jury of negligence on the part of the defendant. There is little, if any, conflict in the evidence on this point.
It appeared that the plaintiff was passing over this walk when he stepped or slipped into a hole and broke his leg. The evidence on the part of the plaintiff tended to show that sometime…
2Cited by1 opinion
- O'Toole v. Thousand Island Park Ass'nAppellate Division of the Supreme Court of the State of New York · 1923