Schreiber v. Village of Depew
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, The Village of Depew, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 2d day of June, 1909, upon the verdict of a jury for $2,500, also from an order entered in said clerk’s office on the 15th day of July, 1909, amend: ing the complaint so as to increase the amount of damages asked, and also from an order entered in said clerk’s office on the same day denying the…
Read the full summary
• Appeal by the defendant, The Village of Depew, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 2d day of June, 1909, upon the verdict of a jury for $2,500, also from an order entered in said clerk’s office on the 15th day of July, 1909, amend: ing the complaint so as to increase the amount of damages asked, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kbuse, J.:
The action is to recover damages for. personal injuries resulting . from a fall upon a defective sidewalk. On the evening of October 25, 1906, the plaintiff and her daughter were walking side by side upon the sidewalk in question... The sidewalk consists of boards or plank, laid crosswise upon stringers. These had been nailed to the stringers, but the walk had become old and rotten and the nails loose. The daughter stepped on one end of a board; the other end flew up and tripped the plaintiff and she fell.
She had a Oolles fracture at the lower end of the right radius, which is the…
2Cases cited1 opinion
- Kenney v. South Shore Natural Gas & Fuel Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Sawyer v. Munson S. S. LineDistrict Court, E.D. New York · 1934