Kopper v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Yonkers, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office -of the clerk of the county of Westchester on the 22d day of November, 1904, upon the verdict of a jury'for §1,200, and also from an order entered in said clerk’s office on the 16th day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
It cannot seriously be questioned that the jury were justified by abundant evidence in finding that at the place where the plaintiff fell ■» ridges of ice from two to four inches thick had formed across the walk, not from natural causes alone, but from the freezing of water discharged upon the walk from a pipe in a supporting wall on the abutting premises, and that said ridges had negligently been allowed to remain in said condition during the winter preceding the accident; and the uncontradicted statement of the plaintiff that-she slipped on this ridge; of ice is corroborated by'…
2Cases cited3 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Todd v. . City of TroyNew York Court of Appeals · 1875
3Cited by5 opinions
- Keating v. City of New LondonSupreme Court of Connecticut · 1926
- Feinblum v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
- Powers v. Village of MoraviaAppellate Division of the Supreme Court of the State of New York · 1908
- Hatch v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 1911
- Cupp v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 1908