Merwin v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Utica, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 29th day of May, 1915, upon the verdict of a jury for $1,500, rendered after a trial at the Oneida Trial Term.
1Opinion of the Court
Lambert, J.:
Plaintiff sustained the injuries for which she has had judgment while walking southerly on Albany street in the city of Utica in the evening of March 25, 1913. Upon that occasion she caught her foot upon an irregularity of the sidewalk and was thrown to the ground. This irregularity was occasioned through a failure to have a concrete sidewalk laid at the same level that was á flag stonewalk to which it joined. The difference in the level at the place of accident was some three and a half inches.
*52The appeal presents, among other questions, that of the sufficiency of the evidence of…
2Cases cited9 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- Borst v. Town of SharonAppellate Division of the Supreme Court of the State of New York · 1898
- Moroney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by10 opinions
- Hallman v. City of PampaCourt of Appeals of Texas · 1941
- McGovern v. City of New YorkNew York Supreme Court · 1935
- Kuhn v. Village of East SyracuseAppellate Division of the Supreme Court of the State of New York · 1924
- Fellmeth v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1928
- Miller v. StateAppellate Division of the Supreme Court of the State of New York · 1938
5 more not listed; retrieve them via the Exa API.