Treadwell v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, City of Yonkers, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 13th day of November, 1919, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 27th day of January, 1920, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jenks, P. J.:
It appears that the trend of the unsewered street justified the construction of a basin in the gutter. The basin was *423covered by a flagstone of which one end rested upon the top of the curb and the other end was set in the roadway level with the crown of the street. Pedestrians frequently made use of the flagstone as a bridge over the gutter from sidewalk to roadway. The plaintiff did so daily. It was not, however, a crosswalk. Between 7 and 8 a. m. of a clear July day the flagstone broke beneath plaintiff’s footfall. He has recovered substantial damages for a personal injury that…
2Cases cited12 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Tooley v. . BaconNew York Court of Appeals · 1877
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Stern v. International Railway Co.New York Court of Appeals · 1917
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Weiss v. FoteNew York Court of Appeals · 1960
- Savage v. TOWN OF LANDER, WYO.Wyoming Supreme Court · 1957
- Quest v. Town of UptonWyoming Supreme Court · 1927
- Joyce v. StateAppellate Division of the Supreme Court of the State of New York · 1989
- Meisner v. HealeyAppellate Division of the Supreme Court of the State of New York · 1963