Hamilton v. . City of Buffalo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 30,1900, reversing a judgment in favor of defendant, entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. No negligence of the defendant causing or contributing to the plaintiff’s injury was shown.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 30,1900, reversing a judgment in favor of defendant, entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. No negligence of the defendant causing or contributing to the plaintiff’s injury was shown. (Belts, v. City of Yonkers, 148 N. Y. 67; Taylor v. City of Yonkers, 105 N. Y. 202; Ring v. City of Cohoes, 77 N. Y. 83; Searles v. M. R. Co., 101 N. Y. 661.) The injury was…
1Opinion of the CourtHaight, J.
This action was brought to recover damages for injuries sustained by the plaintiff in falling upon a crosswalk in the city of Buffalo. At about half-past 10 o’clock in the forenoon of the 26th day of February, 1898, the plaintiff was walking along Erie street upon the crosswalk over the Terrace to his place of business at the corner of Erie street and the Terrace. When he arrived within six or seven feet of the curb or gutter along the westerly side of the Terrace he stepped upon the edge of a hole or depression in the pavement ; his foot slipped in, his ankle turned and he fell upon it,…
2Cases cited2 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
3Cited by55 opinions
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
- Parker v. City and County of DenverSupreme Court of Colorado · 1953
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