Butler v. . Village of Oxford
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 17, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 17, 1905, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defect complained of was so slight and so unimportant in character that it was not negligence for the defendant not to have discovered it and if discovered not to have repaired it. (Beltz v. City of Yonkers, 148 N. Y. 67; Corson v. City of New York, 78 App. Div.…
1Opinion of the CourtHiscock, J.
The plaintiff recovered a judgment against the defendant for alleged negligence in permitting to exist a slight difference in surface level between a stone sidewalk and an adjoining dirt walk,. she having stumbled against the more elevated edge of the stone walk. We disagree with the decisions of the learned courts Below that this judgment should be allowed to stand, and think that it should be reversed.
Originally a canal ran through a portion of the village of Oxford. In time this was filled up, and, within certain limits, appropriated to use as a public street. At the point where…
2Cases cited8 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Fordham v. . Gouverneur VillageNew York Court of Appeals · 1899
- Getzoff v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by53 opinions
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- Gastel v. . City of New YorkNew York Court of Appeals · 1909
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
- Parker v. City and County of DenverSupreme Court of Colorado · 1953
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