Osborne v. Village of North Tarrytown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Village of North Tarrytown, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of said county on the 11th day of June, 1917, upon the verdict of a jury for $550, and also from an order entered in said clerk’s office on the 7th day of July, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Putnam, J.:
Plaintiff sued to recover for a fall and fracture of the left wrist, on the 29th day of Séptember, 1916, charging negligence of the village of North Tarrytown in permitting wet leaves to lie upon the sidewalk of Washington street in that village.
Plaintiff daily used this walk, overhung by shade trees along both sides. Leaves from these trees had remained on this sidewalk for about ten days, in some parts to a depth of seven inches. About noon of the day of the accident rain began. Plaintiff Slipped and fell about three p. m.
May negligence be attributed to the village for failing to…
2Cases cited3 opinions
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Kinney v. . the City of TroyNew York Court of Appeals · 1888
- O'Reilly v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by8 opinions
- Wessels v. Service Merchandise, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Misir v. Beach Haven Apartment No. 1, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Zegarelli v. DundonAppellate Division of the Supreme Court of the State of New York · 2013
- Hooker v. Town of HanoverAppellate Division of the Supreme Court of the State of New York · 1936
- Brown v. Melville Industrial AssociatesAppellate Division of the Supreme Court of the State of New York · 2006
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