Powers v. Village of Champlain
New York Supreme Court
Appeal from circuit court, Clinton county. Action by Matilda A. Powers, an infant, by James Clark, her guardian ad litem, against the village of Champlain, to recover for injuries resulting from a defective sidewalk. From a verdict and judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtMayham, P. J.
This is an appeal from a judgment rendered upon the verdict of a jury, and from an order denying a motion fora new trial on the minutes of the trial judge at the circuit. The action was to recover for alleged injury to the plaintiff, claimed to have been caused by the negligence of the defendant in suffering its side and cross walks to be out of repair and unsafe, by reason of which the plaintiff, while lawfully passing over said sidewalk, fell and was injured. The defense was a denial of defendant’s negligence, and an allegation of contributory negligence by the plaintiff. The jury rendered…
2Cases cited2 opinions
- Hart v. . Hudson River Bridge CompanyNew York Court of Appeals · 1880
- Schneider v. Second-Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1891