Thomas v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna Thomas, 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 14th day of February, 1911, upon the dismissal of the complaint by direction of the court at the close of the plaintiff’s case on a trial at the Kings County Trial Term.
1Opinion of the Court
Woodward, J.:
The plaintiff, being nonsuited, is entitled to the most favorable view of the evidence, and this shows that on the 13th day of October, 1901, at seven-tenp..M., the plaintiff was walking with her husband and three .children across the plaza in Prospect Park. There was a grass plot. surrounded by a walk, with a curb and gutter outside of the walk. In the practical cqn*513struction of this gutter there was a manhole, the exact size of which is not disclosed by the evidence, and this was originally covered by an oblong grating conforming to the curve of the gutter, weighing about…
2Cases cited1 opinion
- Farley v. . the Mayor, Etc.New York Court of Appeals · 1897
3Cited by4 opinions
- Cardoza v. Town of Silver CityNew Mexico Court of Appeals · 1981
- Giaccotto v. New York City Transit AuthorityNew York Supreme Court · 1990
- Cardoza v. Town of Silver CityNew Mexico Court of Appeals · 1981
- Warner v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 1941