Legal Opinion · Dissent

Rupert v. Town of West Seneca

New York Court of Appeals

Decided October 12, 1944Published

1DissentRippey, J.

On August 16,1938, Lorraine Rupert, who resided with her husband at 90 Bellwood Avenue in the Town of West Seneca, Erie County, was injured by a fall due to a defective sidewalk near the northwést comer of Bellwood Avenue and Seneca Street. She brought an action for her injuries and her husband sued to recover expenses in caring for his wife and for loss of services. After a jury trial and a verdict for plaintiffs, judgment was entered against the Town of West' Seneca. On appeal, the Appellate Division stated in its order that the findings of fact had been examined and affirmed (Civ. Prac.…

2Cases cited14 opinions

  1. Robinson v. . ChamberlainNew York Court of Appeals · 1866
  2. Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
  3. People v. County of WestchesterNew York Court of Appeals · 1940
  4. Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
  5. Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912

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