Foley v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of January, 1904, upon the verdict of a jury for $2,500, rendered by-direction of the court after a trial at the New York Trial Term, and also from an order entered in said clerk’s office on the 13th day of January, 1904, denying the defendant’s. motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This is the ordinary action to recover damages for injuries sustained by falling on an icy sidewalk. The plaintiff had a verdict and defendant appeals.
The plaintiff testified that at the time she fell she was proceeding carefully, and whether or not she was guilty of contributory negligence, upon the evidence at the close of the case, was clearly a question for the jury, but we are unable to find in the record any evidence which justified a finding that the defendant was in any respect negligent.
The obligation resting upon a municipal corporation to remove accumulations of snow…
2Cases cited5 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Crawford v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- Crawford v. . City of New YorkNew York Court of Appeals · 1903
- Hawkins v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Staley v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by14 opinions
- Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- Gruber v. Fulton CountyCourt of Appeals of Georgia · 1965
- Zysk v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1948
- Gonzalez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Kelly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1939
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