Casey v. . City of New York
New York Court of Appeals
Appeal from a judgment, entered June 27, 1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint upon the merits in an action to recover for personal injuries alleged to have been sustained by plaintiff as the result of a fall on defendant’s sidewalk. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered June 27, 1913, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint upon the merits in an action to recover for personal injuries alleged to have been sustained by plaintiff as the result of a fall on defendant’s sidewalk. The facts, so far as material, are stated in the opinion. There is abundant evidence to establish that there was a hole in the sidewalk six inches deep which had existed for months and into…
1Opinion of the CourtPound, J.
The court below dismissed the complaint upon the merits on the ground that the plaintiff had proved no negligence on the part of the defendant, under the authority of Lalor v. City of New York (208 N. Y. 131). As Seabury, J., pointed out in Faber v. City of New York (213 N. Y. 411) the complaint was dismissed in the Lalor case because a disinterested witness called on behalf of the plaintiff testified to actual and accurate measurements of the hole into which the plaintiff in that case stepped and thus made it clear that the defendant was not negligent. There the plaintiff was sworn out of…
2Cases cited7 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
- Faber v. . City of New YorkNew York Court of Appeals · 1915
- Osborn v. . CardezaNew York Court of Appeals · 1913
- Beyer v. . City of North TonawandaNew York Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Schwartz v. City of New YorkNew York Court of Appeals · 1929
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
- Case-Fowler Lumber Co. v. WinslettSupreme Court of Georgia · 1929
- Frame v. City of New YorkDistrict Court, S.D. New York · 1940
22 more not listed; retrieve them via the Exa API.