Legal Opinion

Porter v. Village of Attica

New York Supreme Court

Decided October 15, 1884Published

Appeal from an order of tire Erie Special Term, denying a motion for a new trial made upon a case and exceptions. The plaintiff was nonsuited at the close of his case.

1Opinion of the Court

Bradley, J.:

The action is for personal injuries suffered by the plaintiff which h.e alleges were occasioned by the negligence of the defendant, which is a municipal 'Corporation charged with the duty of keeping 'its streets in suitable repair.

Market street, one of the principal ones of the defendant, has a *606northerly and southerly direction, and coming into it from the west ■is a way extending westerly from it several rods to dwelling houses, a cooper’s shop, etc., which has been used for many, and the evidence tends to show more than twenty years before the time in question for the purpose of…

2Cases cited18 opinions

  1. Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
  2. Requa v. . the City of RochesterNew York Court of Appeals · 1871
  3. Cook v. . HarrisNew York Court of Appeals · 1875
  4. Niagara Falls Suspension Bridge Co. v. BachmanNew York Court of Appeals · 1876
  5. Lynch v. Mayor of New YorkNew York Court of Appeals · 1879

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