Legal Opinion

Griffin v. Town of Harrison

New York Court of Appeals

Decided July 11, 1935PublishedCited by 8 opinions

The sidewalk depression was of an insufficient depth to charge the defendant with negligence. (Eger v. City of New York, 206 App.

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The sidewalk depression was of an insufficient depth to charge the defendant with negligence. (Eger v. City of New York, 206 App. Div. 718; 239 N. Y. 561; Butler v. Village of Oxford, 186 N. Y. 444; Smith v. City of Albany, 261 N. Y. 240; Stakel v. City of Batavia, 260 N. Y. 628; Bryant v. Village of Potsdam, 253 N. Y. 524; Lalor v. City of New York, 208 N. Y. 431; Terry v. Village of Perry,- 199 N. Y. 79; Gastel v. City of New York, 194 N. Y. 15; Moroney v. City of New York, 190 N. Y. 560; Hamüton v. City of Buffalo, 173 N. Y. 72; Beltz v. City of Yonkers, 148 N. Y. 67; DePledge v. City of…

1Opinion of the CourtO’Brien, J.

The plaintiff Beatrice A. Griffin fell and was injured at the junction of a concrete sidewalk and the wooden planking of a railroad bridge in the town of Harrison. This location is part of a highway reserved for the use of pedestrians and in respect to it the town was under a duty of reasonably safe maintenance. The inequality was abrupt and had existed for three years. Its greatest variance was two and three-quarters inches. Such a condition is common in all the cities, towns and villages in the State and does not constitute negligent maintenance for which the municipality is liable in…

2Cases cited9 opinions

  1. Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
  2. Butler v. . Village of OxfordNew York Court of Appeals · 1906
  3. Fordham v. . Gouverneur VillageNew York Court of Appeals · 1899
  4. Moshier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
  5. Durr v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1906

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3Cited by8 opinions

  1. Thompson v. City of New YorkNew York Court of Appeals · 1991
  2. Walter v. City of RockfordAppellate Court of Illinois · 1947
  3. Azzara v. RevelleseAppellate Division of the Supreme Court of the State of New York · 1989
  4. Schlicher v. City of New YorkNew York Supreme Court · 1940
  5. Lynch v. City of BeaconAppellate Division of the Supreme Court of the State of New York · 1945

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