Lalor 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 December 21, 1911, 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. The acceptance by the court of measurements actually made as against mere guesses was correct.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 21, 1911, 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. The acceptance by the court of measurements actually made as against mere guesses was correct. (Davidson v. City of New York, 133 App. Div. 352; Terry v. Vil. of Perry, 199 N. Y. 79.) The mere fact that in the roadway at a point six feet from…
1Opinion of the CourtCollin, J.
The action is to recover the damages impersonal injuries sustained by the respondent through stepping into a hole in the asphalt pavement of Manhattan avenue at the corner of Huron street in the borough of Brooklyn. The judgment of the trial court dismissing the complaint at the close of respondent’s evidence was reversed by the Appellate Division. We are to determine whether or not the evidence presented an issue of fact; in reviewing it we must give the respondent the advantage of all the facts properly presented, and of every favorable inference that can reasonably be drawn. (Kraus v.…
2Cases cited8 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Terry v. . Village of PerryNew York Court of Appeals · 1910
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3Cited by38 opinions
- Fagan v. . Atlantic Coast Line R.R. Co.New York Court of Appeals · 1917
- Faber v. . City of New YorkNew York Court of Appeals · 1915
- District of Columbia v. WilliamsDistrict of Columbia Court of Appeals · 1946
- Keener v. TiltonNew York Court of Appeals · 1940
- Shugren v. Salt Lake CityUtah Supreme Court · 1916
33 more not listed; retrieve them via the Exa API.