Haight v. City of Elmira
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Elmira, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the .clerk of the county of Chemung on the 20th day of March, 1897, upon the verdict of a jury for $2,000, and also from an order, entered in said clerk’s office on the 23d day of July, 1898, denying the defendant’s motion for a new trial made upon the minutes; also upon the ground of misconduct on the part of the. jury, and also upon…
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Appeal by the defendant, The City of Elmira, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the .clerk of the county of Chemung on the 20th day of March, 1897, upon the verdict of a jury for $2,000, and also from an order, entered in said clerk’s office on the 23d day of July, 1898, denying the defendant’s motion for a new trial made upon the minutes; also upon the ground of misconduct on the part of the. jury, and also upon newly-discovered evidence. ¡
1Opinion of the Court
Putnam, J.:
This action was brought to recover damages for injuries received by the plaintiff on the 1st day of February, 1895, by reason of the alleged negligence of the city of Elmira in permitting an embankment of snow and ice to remain upon the roadway of Pennsylvania avenue, one of the public streets of said city, near its junction with Franklin street. The embankment was formed by a heavy snow storm which occurred on the 27th day of December, 1894, and by ice and snow removed from the sidewalk, the crosswalk on the north side of Franklin street and from the street railroad. It was…
2Cases cited7 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Glassford v. LewisNew York Supreme Court · 1894
- Harrison v. PriceIndiana Supreme Court · 1864
- Smith v. ThompsonNew York Supreme Court · 1823
- Moore v. New York Elevated RailroadNew York Court of Common Pleas · 1890
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3Cited by13 opinions
- People v. . Dunbar Contracting Co.New York Court of Appeals · 1915
- Payne v. BurkeAppellate Division of the Supreme Court of the State of New York · 1932
- Hanor v. HouselAppellate Division of the Supreme Court of the State of New York · 1908
- Buffalo Structural Steel Co. v. DickinsonAppellate Division of the Supreme Court of the State of New York · 1904
- Gambon v. City of New YorkNew York Supreme Court · 1934
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