Walker v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from an order of the Supreme Court, made at the Kings County Trial Term and entered in the office of the clerk of the county of Kings on the 9th day of May, 1911.
1Opinion of the Court
Rich, J.:
The defendant appeals from an order setting aside the verdict of a jury in an action to recover for personal injuries, on the sole ground that the verdict is against the weight of the evidence. No motion was made for a nonsuit or for the direction of a verdict. It was, therefore, conceded by both parties that there was a question of fact for the jury. The evidence as to the condition of the walk upon which the plaintiff claims to have fallen is conflicting and irreconcilable. It is sufficient to warrant a finding in favor of either party. The case was submitted to the jury under a…
2Cases cited6 opinions
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
- Werner v. City of RochesterNew York Supreme Court · 1894
- Beyer v. . City of North TonawandaNew York Court of Appeals · 1906
- Werner v. . City of RochesterNew York Court of Appeals · 1896
- Berkowitz v. Consolidated Gas Co.Appellate Division of the Supreme Court of the State of New York · 1909
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3Cited by5 opinions
- Krucker v. City of St. JosephMissouri Court of Appeals · 1916
- Sneed v. City of MemphisCourt of Appeals of Tennessee · 1927
- Brush v. ConstableAppellate Division of the Supreme Court of the State of New York · 1915
- Foster v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- Rozell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1946