Wittman v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 19th day of June, 1902, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 2d day of July, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Ingraham, J.:
The plaintiff was injured by slipping upon ice on the sidewalk of Fifth street between First and Second avenues. The complaint alleges that the defendant is a municipal corporation; that among the duties imposed by law upon the defendant is that of maintaining and keeping the streets, sidewalks, avenues and highways within the said city safe for travel by the citizens of said city and the traveling public generally; that Fifth street is a public street in the city of New York; that on the 2d day of January, 1899, the plaintiff, while carefully walking and traveling on the south…
2Cited by3 opinions
- Bessant v. StateNew York Court of Claims · 1948
- Hogle v. H. H. Franklin Manufacturing Co.New York Supreme Court · 1907
- Kipp v. New York Central & Hudson RailroadAppellate Division of the Supreme Court of the State of New York · 1903