Sprague v. . City of Rochester
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered September 3, 1895, denying the plaintiff’s motion for a new trial and overruling her exceptions ordered to be heard in the first instance by that court. 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 of the late General Term of the Supreme Court in the fifth judicial department, entered September 3, 1895, denying the plaintiff’s motion for a new trial and overruling her exceptions ordered to be heard in the first instance by that court. The nature of the action and the facts, so far as material, are stated in the opinion. Actual notice of the condition of the sidewalk was given to the city officers having charge of the highways a reasonable time before the happening of the accident in question. (16 Am. & Eng. Ency. of Law, 790 ; Wade on Notice, §§ 5, 672, 673, 674,…
1Opinion of the CourtVann, J.
This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff through the negligence of the defendant in permitting a dangerous hole to remain in a sidewalk on one of the public streets after due notice of its condition. A case was made for the consideration of the jury, provided the notice of the defect in fact given was sufficient to-meet the requirements of the city charter.. At the close of the plaintiff’s evidence the defendant’s motion for a nonsuit was granted upon the ground that no notice of any defect in the sidewalk had been given…
2Cases cited3 opinions
- McNally v. . City of CohoesNew York Court of Appeals · 1891
- Smith v. City of RochesterNew York Supreme Court · 1894
- Thomson v. TracyNew York Court of Appeals · 1875
3Cited by25 opinions
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
- Minton v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1916
- Cohen v. . City of New YorkNew York Court of Appeals · 1912
- McIntee v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 1903
- Thomann v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1930
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