O'Hara v. City of Brooklyn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary O’Hara, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 19th day of June, 1900, upon the dismissal of'the complaint by direction of the court at the close of the whole case after a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
This is an action for damages for personal injuries sustained by the plaintiff by reason of a fall upon one of the sidewalks of the then city of Brooklyn, the accident occurring in December, 1896. At the close of the evidence the complaint was dismissed upon the motion of defendant’s counsel, on the grounds that plaintiff had failed to establish negligence on the part of the defendant and freedom from contributory negligence on her part. From the judgment entered appeal comes to this court.
The plaintiff, having been nonsuited, is entitled, on this appeal, to the most favorable…
2Cases cited2 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Higgins v. . EagletonNew York Court of Appeals · 1898
3Cited by2 opinions
- Moran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Fiato v. StateNew York Court of Claims · 1961