Jewhurst v. . City of Syracuse
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 10,1885, which affirmed a judgment in favor of plaintiff entered upon a referee’s report. • This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through a defect in a sidewalk on one of defendant’s streets which it had negligently permitted to remain out of repair and in a dangerous condition.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 10,1885, which affirmed a judgment in favor of plaintiff entered upon a referee’s report. • This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through a defect in a sidewalk on one of defendant’s streets which it had negligently permitted to remain out of repair and in a dangerous condition. The material facts are stated in the opinion.
1Opinion of the CourtPeckham, J.
The place where the accident occurred was outside of the actual limits of Tallman street. That street had been legally opened for some years of the width of sixty feet, and the accident happened two or three feet north of its northern boundary, the street running east and west. There had never been any such dedication and acceptance, on the part of the owners and the city authorities of that portion of land where the accident happened, as to make it any portion of the public street over which the city had jurisdiction. It had not built the sidewalk or any portion thereof, and never assiuned…
2Cases cited4 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Saulsbury v. . Village of IthacaNew York Court of Appeals · 1883
- Carpenter v. . City of CohoesNew York Court of Appeals · 1880
3Cited by40 opinions
- Collentine v. City of New YorkNew York Court of Appeals · 1938
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Hynes v. . N.Y.C.R.R. Co.New York Court of Appeals · 1921
- Levine v. City of New YorkNew York Court of Appeals · 1955
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1919
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