Hamilton v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Howard A. Hamilton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of December, 1899, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Erie Trial Term.
Read the full summary
Appeal by the plaintiff, Howard A. Hamilton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of December, 1899, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Erie Trial Term. This action was commenced June 6, 1898, to recover damages for injuries sustained by the plaintiff in falling in a hole in the crosswalk on Erie street,- in the city of Buffalo. The northerly crossing of that street, at its…
1Opinion of the Court
Spring, J.:
The merits of this case involved fair questions of fact as the testimony stood when the plaintiff rested. The defect in the crosswalk, had been of long standing and was. of sufficient consequence so that, the jury might have found that it called for the. intervention of the municipality to repair it. The plaintiff was walking along, reasonably observant for a man traveling over a street of a great city, and whether he exercised the care and caution- required of him was for the jury to say.
That the snow may have fallen recently is of no- especial consequence as the'injuries were…
2Cases cited10 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Matter of of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- McGlynn v. CurryAppellate Division of the Supreme Court of the State of New York · 1903
- City of Tulsa v. WheetleySupreme Court of Oklahoma · 1940
- Nevada Cornell Silver Mines, Inc. v. HankinsNevada Supreme Court · 1929
- Merwin v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1916
- Winter v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1907
2 more not listed; retrieve them via the Exa API.