Birngruber v. Town of Eastchester
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Eastchester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 20th day of October, 1899, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 19th day of October, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff has recovered damages from the town of Eastchester for injuries received while passing over a sidewalk on a public and much traveled street in the unincorporated village of Tuckahoe, in said town, on a dark and stormy night, December 31, 1898. The town authorities had macadamized the highway the year before, and *81in so doing had lowered the grade at the point in question so that the roadbed was considerably below the level of the sidewalk. The owner of the abutting premises, in order to secure easy access to his property with vehicles from the street, had cut down…
2Cases cited8 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Hines v. . the City of LockportNew York Court of Appeals · 1872
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3Cited by2 opinions
- Gaynor v. Town of Hempstead, New York County Courts1934
- Kibner v. StateNew York Court of Claims · 1921