Kane v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Yonkers, from a' judgment of the Supreme Court in favor of the plaintiff, bearing date the 30th day of December, 1898, and entered in the office of the clerk of the county of Westchester, upon the verdict of a jury for §1,200, and also from am order entered in said clerk’s office on the 28th day of December, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff was injured on the evening of December 23, 1897, by falling through a hole in the flooring of a bridge at the foot of Vark street in the city of Yonkers, The locality is the same as that which was the subject of consideration in City of Yonkers v. N. Y. Central & Hudson River R. R. Co. (32 App. Div. 474). It was conceded upon the trial of the present case that the city of Yonkers was chargeable with the duty of maintaining the floorway of this bridge, and hence- Was bound to exercise reasonable care to-keep it in a safe and suitable condition for public…
2Cases cited1 opinion
- City of Yonkers v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898