Jones v. City of Binghamton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pearl C. Jones, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Broome on the 8th day of November, 1920, upon the dismissal of the complaint by direction of the court at the close of the case, and also from an order, entered, in said clerk's office on the 19th day of November, 1920, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Kirk, J.:
The action is brought to recover damages for injuries suffered in a street in the city of Binghamton, charged to have been caused by a defect in the street surface. At the close of the evidence the court granted the motion for a nonsuit on the theory that there was no actual or constructive notice to the city of the defect. (Second Class Cities Law, § 244.) This presents the one question on this appeal.. There was evidence in the case which would have justified the jury in finding the following facts: The street surface at the place of the accident was a brick pavement. The city…
2Cases cited1 opinion
- Minton v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by5 opinions
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- Cooper v. City of BuffaloNew York Supreme Court · 1936
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- Argus v. Peter Kiewit Sons' Co.Washington Supreme Court · 1957
- Vorce v. Town of TonawandaNew York Supreme Court · 1931