Gaffney 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 January 29, 1915, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence in this case showing that the interference with travel was dangerous, unusual or exceptional.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 29, 1915, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. There was no evidence in this case showing that the interference with travel was dangerous, unusual or exceptional. The conditions proved by plaintiff were those ordinarily and generally brought about in this locality. (Williams v. City of New…
1Opinion of the CourtSeabury, J.
This is an action to recover damages for personal injuries. The plaintiff claims to have suffered the injuries complained of by reason of having slipped upon ice on the sidewalk in the borough of Brooklyn in the city of New York. The evidence offered on behalf of the plaintiff was not sufficient to carry the case to the jury. The accident happened on January 4, 1912. A witness called on behalf of the plaintiff testified that on December 27th or 28th, there was a “little bluster of snow.” It appears that this fall of snow was followed by rain and that there was slush on the sidewalk which, by…
2Cases cited2 opinions
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- Williams v. . City of New YorkNew York Court of Appeals · 1915
3Cited by10 opinions
- Lewis v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1984
- Herman v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1991
- Hamill v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1980
- Hooker v. Town of HanoverAppellate Division of the Supreme Court of the State of New York · 1936
- Saez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1981
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