Daly v. Rector
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Rector, Churchwardens and Vestrymen of Trinity Church in the City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk, of the county of New York on the 16th day of July, 1918, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 25th day of June, 1918, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Page, J.:
The plaintiff while walking along the sidewalk on the southerly side of One Hundred and Fifty-fifth street between Amsterdam avenue and Broadway, at about nine o’clock in the evening, did not observe the driveway which led from the roadway to the cemetery of the defendant, and in stepping down from the sidewalk lost her balance, and while attempting to recover her balance stubbed her foot against the curbing on the opposite side of the driveway and fell. This driveway was constructed in the following manner: At the gateway it was level with the sidewalk, and gradually sloped down to…
2Cases cited1 opinion
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
3Cited by6 opinions
- Joel v. Electrical Research Products, Inc.Court of Appeals for the Second Circuit · 1938
- Colson v. Joseph E. Wood Realty Co.Appellate Division of the Supreme Court of the State of New York · 1972
- Schlicher v. City of New YorkNew York Supreme Court · 1940
- Levine v. Jale Corp.Missouri Court of Appeals · 1967
- Smith v. City of AlbanyNew York Court of Appeals · 1933
1 more not listed; retrieve them via the Exa API.