Legal Opinion

Moore v. . Gadsden

New York Court of Appeals

Decided November 22, 1881PublishedCited by 20 opinions

Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 7, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff in consequence of falling upon the sidewalk in front of a lot owned by defendant in the city of Brooklyn. The material facts are stated in the opinion.

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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 7, 1880, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries received by plaintiff in consequence of falling upon the sidewalk in front of a lot owned by defendant in the city of Brooklyn. The material facts are stated in the opinion. Although the snow and ice on which plaintiff fell came' in part from water which flowed from the melting snow or ice, or. from rain running from the front steps and yard of…

1Opinion of the CourtDanforth, J.

The defendant was the owner of certain premises situated on Hamilton street and Gates avenue, in the city of Brooklyn. The complaint alleged that he negligently and in violation of ordinances and statutes allowed snow and ice to accumulate on the sidewalk in front of those premises; that plaintiff while passing over it on the 25th of January, 1879, slipped, fell and was thereby injured. These things were denied by the answer. The fall of the plaintiff and her injury was clearly established, and evidence given to show that the condition of the sidewalk was as described in the complaint. No…

2Cases cited2 opinions

  1. Congreve v. . SmithNew York Court of Appeals · 1858
  2. Todd v. . City of TroyNew York Court of Appeals · 1875

3Cited by20 opinions

  1. Field v. GowdyMassachusetts Supreme Judicial Court · 1908
  2. Roark v. HuntingNew York Court of Appeals · 1969
  3. Tremblay v. . Harmony MillsNew York Court of Appeals · 1902
  4. Dahlin v. WalshMassachusetts Supreme Judicial Court · 1906
  5. Stephens' Administrator v. DeickmanCourt of Appeals of Kentucky · 1914

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