Willis v. . Parker
New York Court of Appeals
Appeal from a judgment, entered July 5, 1916,. upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to and directing dismissal of the complaint. The appeal brings up for review the interlocutory judgment. 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, entered July 5, 1916,. upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to and directing dismissal of the complaint. The appeal brings up for review the interlocutory judgment. The nature of the action and the facts, so far as material, are stated in the opinion. The holding of the court below that the provision of section 99 of chapter 185 of the Laws • of 1906, the charter of Auburn, creates no right of action in favor of a person sustaining…
1Opinion of the CourtHogan, J.
The plaintiff in her complaint alleged that the defendant was the owner and occupant of premises commonly known as No. 120 Wall street, in the city of Auburn; that on the evening of September 10, 1912, while she was passing along Wall street in front of the premises of the defendant she sustained severe personal injuries due to the negligence of defendant in failing to maintain and keep in repair a plank sidewalk on which plaintiff was lawfully traveling. Additional facts are stated in the complaint sufficient to constitute a cause of action, assuming that the defendant was liable to respond…
2Cases cited1 opinion
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
3Cited by21 opinions
- Hausser v. GiuntaNew York Court of Appeals · 1996
- Willoughby v. City of New HavenSupreme Court of Connecticut · 1937
- Kiernan v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1988
- Schaefer v. LenahanCalifornia Court of Appeal · 1944
- Rooney v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1973
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