Morrison v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga ón the 27th day of January, 1899, upon the verdict of a jury for $300, and also from an order, bearing date the 26th day of January, 1899, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga ón the 27th day of January, 1899, upon the verdict of a jury for $300, and also from an order, bearing date the 26th day of January, 1899, and entered in said clerk’s office, denying the defendant’s motion for a new trial made upon the minutes. Upon the 12th day of September, 1897, the plaintiff was injured while riding a bicycle upon a sidewalk in the city of Syracuse at the corner, of Manlius street and Durston avenue.…
1Opinion of the Court
Smith, J.:
The defendant’s counsel in his brief urges four objections to the plaintiff’s recovery : First, that the plaintiff has not shown herself free from contributory negligence; second, that the defendant is not shown to be guilty of the negligence which caused the injury; Third, that the plaintiff was unlawfully upon the walk.; fourth, ■that the city was only bound to have its walks in a reasonably safe -condition for pedestrians..
The exception which is made the basis of the fourth' objection -arose in response to the eleventh request to charge made by the ■defendant. The exception, as…
2Cases cited1 opinion
- Sutphen v. Town of North HempsteadNew York Supreme Court · 1894
3Cited by5 opinions
- LeMay v. City of OcontoWisconsin Supreme Court · 1938
- Errante v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1980
- Gagnier v. City of FargoNorth Dakota Supreme Court · 1902
- Halpin v. New York Railways Corp.Appellate Division of the Supreme Court of the State of New York · 1937
- Muallem v. City of New YorkNew York Supreme Court · 1980