O'Brien v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Michael O’Brien, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 27th day of October, 1897, upon a nonsuit granted by the court after a trial at the Onondaga Trial Term, and also from an order granting such nonsuit.
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Appeal by the plaintiff, Michael O’Brien, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 27th day of October, 1897, upon a nonsuit granted by the court after a trial at the Onondaga Trial Term, and also from an order granting such nonsuit. Plaintiff, in his complaint, alleges that on the 16th day of May, 1896, between the hours of ten and eleven o’clock in the evening, while he was carefully walking on the sidewalk on Taylor street, in the city of Syracuse, unaware of the fact that there was a hole or defect…
1Opinion of the Court
Hardin, P. J.:
On the evening of the 16th of May, 1896, the plaintiff joined Miss Noonan near McCarthy’s store and passed towards her home, which was in Taylor street. They entered Taylor street and were traveling east on the north side of the street on the sidewalk, between the hours of ten and eleven — the night being dark — and as they were passing along in front of No. 317 the plaintiff caught his foot in a hole in the sidewalk, and received the injuries for which he com*330plains. It is claimed the strain was so great on his foot or toes, which were fastened under the walk, that the ligaments…
2Cases cited7 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Waggener v. Town of Point PleasantWest Virginia Supreme Court · 1896
- New York State Monitor Milk Pan Co. v. RemingtonNew York Court of Appeals · 1888
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3Cited by1 opinion
- O'Brien v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1899