Benjamin v. Village of Tupper Lake
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Tupper Lake, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin'on the 7th day of October, 1904, upon the verdict of a jury for fifty dollars, and also from an order entered in said clerk’s office on the 21st day of October, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Chester, J.:
The plaintiff’s claim of negligence, as stated in her complaint, is, in substance, that the defendant' suffered a section of a sidewalk upon one of its principal streets to be disconnected from the adjoining walk upon either end thereof and moved out into the highway a short distance without placing a barrier or sign of any kind at the • easterly end of the portion so moved out and disconnected to warn travelers of the disconnection; that the walk was considerably higher than the ground at said end, and that the plaintiff in the night time without any fault of her own stepped off…
2Cases cited1 opinion
- Green v. Metropolitan Street Railway Co.New York Court of Appeals · 1902
3Cited by6 opinions
- People v. DecinaNew York Court of Appeals · 1956
- People v. Preston, New York County Courts1958
- Booren v. McWilliamsNorth Dakota Supreme Court · 1914
- Candee v. Pennsylvania RailroadNew York Supreme Court · 1914
- Gray v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
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