Legal Opinion

Tobey v. City of Hudson

New York Supreme Court

Decided July 2, 1888PublishedCited by 3 opinions

Appeal from circuit court. Action by Alida Tobey, as administratrix, against the city of Hudson, for personal injuries to plaintiff’s decedent. Judgment for plaintiff. Defendant appeals.

1Opinion of the CourtLearned, P. J.

The principal questions raised in this case are whether the verdict was against the weight of evidence on the question of defendant’s negligence, and whether there were errors in the charge. It is notto be questioned that a city may be liable for injuries occasioned by an accumulation of ice upon its sidewalks. So it is said in Kinney v. Troy, 108 N. Y. 567, 15 N. E. Rep. 728, on the authority of Todd v. Troy, 61 N. Y. 506. Such, too, was the doctrine of Pomfrey v. Saratoga, 104 N. Y. 459, 11 N. E. Rep. 43, and of Elgie v. Troy, 16 N. E. Rep. 681, affirming 37 Hun, 641. But in the Kinney Case…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Taylor v. . City of YonkersNew York Court of Appeals · 1887
  2. Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
  3. Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
  4. Todd v. . City of TroyNew York Court of Appeals · 1875
  5. Kaveny v. . the City of TroyNew York Court of Appeals · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Salzer v. City of MilwaukeeWisconsin Supreme Court · 1897
  2. Durr v. Village of Green IslandNew York Supreme Court · 1893
  3. Keane v. Village of WaterfordNew York Supreme Court · 1890

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