Sherman v. Village of Oneonta
New York Supreme Court
Appeal from circuit court, Otsego county. Action by Jennie R. Sherman against the village of Oneonta for personal injuries sustained by reason of a defective street. There was a verdict of $1,500 in plaintiff’s favor, and defendant’s motion for a new trial, made on a case and exceptions, was denied. From the judgment entered on the verdict, and from the order denying the motion for a new trial, defendant .appeals. Affirmed.
Read the full summary
Appeal from circuit court, Otsego county. Action by Jennie R. Sherman against the village of Oneonta for personal injuries sustained by reason of a defective street. There was a verdict of $1,500 in plaintiff’s favor, and defendant’s motion for a new trial, made on a case and exceptions, was denied. From the judgment entered on the verdict, and from the order denying the motion for a new trial, defendant .appeals. Affirmed. Plaintiff in her complaint alleges: “That on or about the 23d day of April, 1886, a deep, dangerous trend}, hole, or ditch was excavated in and across Center street, and…
1Opinion of the CourtHardin, P. J.
Criticism is made by the learned counsel for the appellant of the complaint; and it is claimed that the complaint “alleged the existence of an unguarded excavation, and attempted to prove a mound, as the cause of the injury.” The injury sustained by the plaintiff occurred while she was riding in a carriage westerly along Center street, and the evidence discloses that, at a point where the intersection of that street with Elm street occurs, there was a gutter which crossed Center street on the easterly line of Elm street, and on the westerly side of this gutter there was, according to the…
2Cases cited10 opinions
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
- Brusso v. . City of BuffaloNew York Court of Appeals · 1882
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Sullivan v. City of SyracuseNew York Supreme Court · 1894
- Stedman v. City of RomeNew York Supreme Court · 1895
- Cross v. City of ElmiraNew York Supreme Court · 1895
- McDonough v. Mayor of New YorkNew York Supreme Court · 1896
- Dexter v. Village of FultonNew York Supreme Court · 1895
2 more not listed; retrieve them via the Exa API.