Durkin v. City of Troy
New York Supreme Court
APPEAL by the defendant from an order denying a new trial, and also from a judgment entered upon the verdict of a jury, in favor of the plaintiff’ for $1593.21 damages and costs. The action was brought to recover damages for personal injuries received by the plaintiff.on the 8th day of February, 1870, between the hours of 12 and 1 o’clock a. m. of that day.
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APPEAL by the defendant from an order denying a new trial, and also from a judgment entered upon the verdict of a jury, in favor of the plaintiff’ for $1593.21 damages and costs. The action was brought to recover damages for personal injuries received by the plaintiff.on the 8th day of February, 1870, between the hours of 12 and 1 o’clock a. m. of that day. The plaintiff with his wife and little daughter, were returning home from a masquerade ball, and while walking on the north sidewalk of Congress street, in the city of Troy, he fell down and broke his leg. The plaintiff left the ball a few…
1Opinion of the Court
By the Court, Parker, J.
The plaintiff, on the night of the 7th of February, 1870, in walking up Congress street, on the north sidewalk thereof, in the city of Troy, slipped upon a patch of ice, fell and broke his leg. For this injury he brought this action against the city, and obtained a verdict for $1375.- A motion was made, upon the minutes of the judge, for a new trial, which was denied. Judgment was perfected upon the verdict, and the defendant appeals from the order denying a new trial, and from the judgment.
When .the plaintiff, rested, the defendant’s counsel *454moved for a nonsuit, on…
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