Crecelius v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Oreceliüs, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 22d day of April, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term, the court having set aside a verdict previously rendered by the jury in favor of the plaintiff for $600, and also from an order entered in said cleric’s office on the 8th day…
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Appeal by the plaintiff, Annie Oreceliüs, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 22d day of April, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term, the court having set aside a verdict previously rendered by the jury in favor of the plaintiff for $600, and also from an order entered in said cleric’s office on the 8th day of April, 1905, denying the plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Jenks, J. (dissenting):
I dissent. The action is for negligence. The plaintiff complains that when walking in a city street her foot slipped on gravel which the defendant had suffered to remain on the sidewalk and to cover it.
The plaintiff selected this street for a pleasure walk in the evening. She had known of its condition before, and knew of it when she began her walk. She knew that the superficial gravel was not of the permanent construction, but was designed for use in macadamizing the street. She knew that it lay óver the sidewalk, “ flagging and all.” She could not tell whether the…
2Cases cited6 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Dillon v. . CockcroftNew York Court of Appeals · 1882
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Niagara Fire Insurance v. Campbell StoresAppellate Division of the Supreme Court of the State of New York · 1905
- Neddo v. Village of TiconderogaNew York Supreme Court · 1894
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