Legal Opinion

Waldron v. City of Utica

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

Decided January 8, 1930PublishedCited by 6 opinions

1Opinion of the CourtEdgcomb, J.

On May 10, 1927, the plaintiff' was walking along the easterly sidewalk of John street in the city of Utica, bound for his home, when suddenly, and without any warning, a large shade tree, standing between the walk and the curb on the opposite side of the street, fell across the highway, and knocked him to the ground. He has been awarded a verdict of $10,500 at the hands of an Oneida county jury. The trial judge set aside the verdict upon the ground that it was excessive, and granted a new trial, unless the plaintiff should stipulate to reduce his recovery to $5,000. Whether the court was…

2Cases cited9 opinions

  1. Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
  2. Speir v. . City of BrooklynNew York Court of Appeals · 1893
  3. Hunt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
  4. Von Lengerke v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
  5. Logan v. . GuggenheimNew York Court of Appeals · 1920

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3Cited by6 opinions

  1. Splinter v. City of NampaIdaho Supreme Court · 1950
  2. City of Montgomery v. QuinnSupreme Court of Alabama · 1944
  3. Kalwite v. National Liberty Insurance of AmericaAppellate Division of the Supreme Court of the State of New York · 1930
  4. Kenney v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1930
  5. Malcolm v. VedderAppellate Division of the Supreme Court of the State of New York · 1943

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