Johnson v. City of Poughkeepsie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, W. Scott Johnson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Dutchess on the 31st day of January, 1898, upon the decision of the court rendered after a trial at the Dutchess County Special Term dismissing the complaint, with costs, and granting the defendant an additional allowance of five per cent, and also from an order entered in,said clerk’s office on the 31st day of…
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Appeal by the plaintiff, W. Scott Johnson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Dutchess on the 31st day of January, 1898, upon the decision of the court rendered after a trial at the Dutchess County Special Term dismissing the complaint, with costs, and granting the defendant an additional allowance of five per cent, and also from an order entered in,said clerk’s office on the 31st day of January, 1898, denying the plaintiff’s motion for anew trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
The plaintiff in this action was thrown from a bicycle and injured while riding along Catherine street in the city of Poughkeepsie, on the night of the 30tli of August, 1897, the accident being caused, it is alleged, by an obstruction consisting of a pile of mortar which had been in the street for some weeks. The trial court finds all of the facts necessary to constitute a cause of action, except that it holds that “ there was no actual notice to the board of works at any time. The heap of mortar over which the plaintiff fell.was no larger, and possibly no smaller than the same…
2Cases cited5 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Farley v. . the Mayor, Etc.New York Court of Appeals · 1897
- Nelson v. . Village of CanisteoNew York Court of Appeals · 1885
- Breil v. . City of BuffaloNew York Court of Appeals · 1894
3Cited by2 opinions
- Parks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Metzroth v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1925