Legal Opinion

Urquhart v. . the City of Ogdensburgh

New York Court of Appeals

Decided November 25, 1884PublishedCited by 13 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 3, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The case is reported upon a former appeal in 91 IST.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made December 3, 1883, which affirmed a judgment in favor of defendant, entered upon a verdict. The nature of the action and the material facts are stated in the opinion. The case is reported upon a former appeal in 91 IST. Y. 67. The, city charter (Chap. 335 of the Laws of 1868, as amended by chap. 406 of the Laws of 1873) renders the duty of building and repairing sidewalks imperative upon the city (§ 20). (Conrad v. Ithaca, 16 N. Y. 159; Diveny v. City of Elmira, 51 id.…

1Opinion of the CourtDanforth, J.

In November, 1879, the plaintiff fell upon the sidewalk, on Lake street, in the city of Ogdensburgh, and was in jured! She brought this action for compensation. Upon the trial the case was given to the jury as one in which the evidence would permit a finding that the plaintiff’s injuries were caused by the unsafe and dangerous condition of the sidewalk, and they were directed to inquire whether the accident was owing to a defect caused by the plan or grade of the walk as designed or approved by the defendant or its negligence in reparation according to that plan. If the former, the court said…

2Cases cited3 opinions

  1. Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
  2. Clemence v. . City of AuburnNew York Court of Appeals · 1876
  3. Hunt v. . BloomerNew York Court of Appeals · 1856

3Cited by13 opinions

  1. Stern v. International Railway Co.New York Court of Appeals · 1917
  2. City of Nashville v. BrownCourt of Appeals of Tennessee · 1941
  3. Mayor City Coun., Cumberland v. TurneyCourt of Appeals of Maryland · 1939
  4. Maxim v. Town of ChampionNew York Supreme Court · 1888
  5. Stedman v. City of RomeNew York Supreme Court · 1895

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