Sweet v. City of Poughkeepsie
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Poughkeepsie, from a judgment of the County Court of Dutchess county in favor of the plaintiff, entered in the.office of the clerk of the county of Dutchess on the 22d day of December, 1903, upon the verdict of a jury for $2,000, and also from an order bearing date the 21st day of December, 1903, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
Upon a former appeal in this case (75 App. Div. 271, 276) the rule' laid down in the case of Jewhurst v. City of Syracuse (108 *83N. Y. 303), that obstructions or excavations near to the boundaries of streets or highways, and separated therefrom by no visible mark which may aid the traveler within the public highways, may charge a municipality with liability for neglecting to guard against accidents, was recognized, but the case was distinguished on the ground that the evidence tended to show that the accident to the plaintiff in the present case resulted from the latter attempting…
2Cases cited3 opinions
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Eggleston v. Town of ChautauquaAppellate Division of the Supreme Court of the State of New York · 1904
- Allison v. Long Clove Trap Rock Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by3 opinions
- Kirkham v. City of Kansas CitySupreme Court of Kansas · 1913
- Englehardt v. Central New England Railway Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Henry v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1915