Van Dyne v. Village of Seneca Falls

The action is brought to recover for personal injuries suffered by plaintiff as a result of falling upon a defective sidewalk. The learned trial justice granted a nonsuit at the close of plaintiff’s case. Upon this appeal the evidence is to be considered in the light most favorable to plaintiff. (Lombardi v. New York State Railways, 224 App. Div. 438.) So considered the evidence fairly shows that plaintiff was walking carefully along Green street in the village of Seneca Falls, which was a much-traveled street, and well built up, although plaintiff had used the street very infrequently and…