Legal Opinion

O'Reilly v. City of Syracuse

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

Decided July 1, 1900PublishedCited by 7 opinions

Appeal by the defendant,- The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 24th day of April, 1899, upon the verdict of a jury for $400 rendered after a trial at the Onondaga Trial Term, and also from an order entered in said clerk’s office on the 22d day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes.

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Appeal by the defendant,- The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 24th day of April, 1899, upon the verdict of a jury for $400 rendered after a trial at the Onondaga Trial Term, and also from an order entered in said clerk’s office on the 22d day of April, 1899, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 26th day of July, 1898, to recover damages alleged to have been sustained by the plaintiff in falling upon Montgomery…

1Opinion of the Court

McLennan, J.:

Assuming that all the facts bearing upon the question of defendant’s negligenee are as claimed by the plaintiff, we are of the opinion *539that she failed to establish a cause of action. Those facts may be briefly stated as follows:

Montgomery, one of -the principal streets in the city of Syracuse, extends north and south, and is crossed at right angles by Jefferson street. At the point of intersection and for several blocks in either direction, at the time of the accident, Montgomery street was paved with asphalt, from curb to curb. There were no crosswalks proper upon Montgomery…

2Cited by7 opinions

  1. City of Covington v. KealCourt of Appeals of Kentucky (pre-1976) · 1939
  2. Osborne v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1917
  3. Hooker v. Town of HanoverAppellate Division of the Supreme Court of the State of New York · 1936
  4. Hood v. AllenTennessee Supreme Court · 1950
  5. Vaccarini v. City of New YorkAppellate Terms of the Supreme Court of New York · 1907

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