Bancroft v. City of Newburgh
New York Supreme Court
Appeal from circuit court, Orange county. Action by Mary B. Bancroft against the city of Newburgh for personal injuries resulting from a fall on a defective sidewalk. From a judgment entered on a verdict by a jury, and from an order denying a motion for a new trial, made on the minutes, defendant appeals.
1Opinion of the CourtPratt, J.
This is an appeal from a-judgment rendered upon a verdict by a jury, and from a motion for a new trial, made upon the minutes. It appears that the plaintiff, while walking upon a public sidewalk in said city, tripped and fell, injuring her hand, and that the fall was occasioned by a defect or depression in the sidewalk, upon or by which her foot was caught. There was dispute, as usual in such cases, upon the facts; but there was testimony, if credited b)r the jury, that warranted the inference that the flagging upon the sidewalk at this place had been out of repair, and more or less dangerous…
2Cases cited3 opinions
- Bullock v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1885
- Hunt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- Baldwin v. Van DeusenNew York Court of Appeals · 1868