Goodfellow v. . Mayor, Etc., of City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made February 4, 1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made February 4, 1884, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. Plaintiff, in crossing a street in the city of New York, upon a crosswalk, fell and was injured; one of the stones of the crosswalk was and had been for over a year misplaced, and this occasioned the accident. The further material facts…
1Opinion of the CourtRapallo, J.
The nonsuit was not granted on the ground that the evidence failed to show that the crosswalk, on which the plaintiff fell, was in a dangerous condition. The trial judge held that the facts of the accident having happened, and of the crosswalk being in a dangerous condition, were not sufficient to render the city liable ; that notice of the dangerous condition of the walk and the omission of reasonable care to repair it were essential, and the nonsuit was placed upon the ground that the city had passed an ordinance requiring the policemen on duty to inspect crosswalks ;that such inspection…
2Cases cited1 opinion
- Clemence v. . City of AuburnNew York Court of Appeals · 1876
3Cited by22 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- City of Columbus v. OgletreeSupreme Court of Georgia · 1895
- City of Michigan City v. BoecklingIndiana Supreme Court · 1890
- Braatz v. City of FargoNorth Dakota Supreme Court · 1910
- Remesz v. City of GlasgowMontana Supreme Court · 1934
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