Clemence v. . City of Auburn
New York Court of Appeals
Arpear from order of the General Term of the Supreme Court, in the fourth judicial department, setting aside a non-suit on trial at Circuit, and granting a new trial. (Reported below, 4 Hun, 386.) This action was brought to recover damages for injuries received by plaintiff from falling upon a sidewalk on State street, in the city of Auburn, which, it was alleged, was improperly constructed and was negligently suffered to remain in an unsafe condition.
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Arpear from order of the General Term of the Supreme Court, in the fourth judicial department, setting aside a non-suit on trial at Circuit, and granting a new trial. (Reported below, 4 Hun, 386.) This action was brought to recover damages for injuries received by plaintiff from falling upon a sidewalk on State street, in the city of Auburn, which, it was alleged, was improperly constructed and was negligently suffered to remain in an unsafe condition. The accident occurred at a place on the west side of State street, a short distance north of Genesee street, where there was a steep grade in…
1Opinion of the CourtAllen, J.
Every question is open to the plaintiff which can fairly be raised upon the record. If in any view of the evidence a verdict might have been rendered for the plaintiff or if there were questions of fact which might have been determined for the plaintiff and which, if determined in her favor, would have entitled her to recover, the case should not have been taken from the jury by a nonsuit. The plaintiff did not assent to any proposition of fact assumed either by the counsel for the defendant or the court, and is not concluded by omitting to request that the whole case or any particular…
2Cases cited8 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Winchell v. . HicksNew York Court of Appeals · 1859
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- City of Nashville v. BrownCourt of Appeals of Tennessee · 1941
- Ford v. City of Des MoinesSupreme Court of Iowa · 1898
- Pratt v. . D.H.M.F. Ins. Co.New York Court of Appeals · 1891
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