Smith v. City of Rochester
New York Supreme Court
Action by Florence A. Smith against the city of Rochester. A nonsuit was granted at circuit, and plaintiff moves for a new trial on exceptions ordered to be heard at general term in the first instance
1Opinion of the CourtLewis, J.
This is an action to recover damages for bodily injuries sustained by the plaintiff while walking upon a sidewalk in the city of Rochester. The plaintiff claims that her injuries were caused by the sidewalk being out of repair. An abutting owner, in making some repairs, had removed the stone walk in front of his' premises. He excavated the earth underneath, and constructed a temporary sidewalk over the excavation of sufficient length and width, and in the manner that such walks are ordinarily constructed. The defect consisted in his not having spiked the planks down. They had by use become…
2Cases cited2 opinions
- McNally v. . City of CohoesNew York Court of Appeals · 1891
- Smith v. City of RochesterNew York Supreme Court · 1892
3Cited by11 opinions
- Schigley v. City of WasecaSupreme Court of Minnesota · 1908
- Sprague v. . City of RochesterNew York Court of Appeals · 1899
- Twist v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1899
- MacMullen v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 1906
- McManus v. City of WatertownAppellate Division of the Supreme Court of the State of New York · 1903
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