Stratton v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the' second judicial .department, entered March 22, -1907, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the' second judicial .department, entered March 22, -1907, which reversed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint was properly dismissed, as no negligence was shown on the part of the defendant in maintaining the runway, which, it is conceded, was not out of repair. (Dougherty v. Vil. of…
1Opinion of the CourtHiscock, J.
While plaintiff was attempting to cross Dean street, near the corner of Platbush avenue, in the borough of Brooklyn, in daylight, she slipped on an alleged obstruction in the gutter of Dean street, which she claims had been so negligently allowed to remain there for a long time by the city that the latter is responsible for her injuries. This alleged obstruction consisted of a concrete construction about five or six feet long, sloping from the top of the curb to the pavement, the sloping surface being about eighteen inches wide and the greatest perpendicular height being about six inches. It…
2Cases cited1 opinion
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
3Cited by8 opinions
- City of Meridian v. CrookMississippi Supreme Court · 1915
- Braatz v. City of FargoNorth Dakota Supreme Court · 1910
- Stein v. Trans World Airlines, Inc.Appellate Division of the Supreme Court of the State of New York · 1966
- Hesse v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- De Pledge v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
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