Legal Opinion · Dissent

Dickerman v. Weeks

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1905Published

Appeal by the plaintiff, Georgianna Dickerman, from.a judgment of the Supreme Court in favor of the defendant, The City of New York, entered in the office of the clerk of the county of New-York on the 21st day of January,'1905, upon the dismissal of the complaint by direction of the court after a trial .at the New York Trial Term.

1Dissent

Ingraham, J. (dissenting) :

I think the judgment should be affirmed. The plaintiff testified that “ they were building á church and a church.house and in front of: the church house I fell; my right foot went under a stone, and I fell forward on my knees and abdomen:; I could not' raise.” She ‘ further testified that a watchman came along with á lantern to help her and with the aid of the lantern she saw that she had.fallen over a stone which was raised towards Third avenue and the dirt was out froni underneath it; it was raised five or six inches. She was corroborated by her sister and her…

2Cases cited3 opinions

  1. Weston v. . City of TroyNew York Court of Appeals · 1893
  2. Walsh v. Central New York Telephone & Telegraph Co.New York Court of Appeals · 1903
  3. McDonald v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905

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