Archer v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by . the defendant, The City of Mount Vernon, 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 9th day of June* 1900, Upon the verdict of a jury for $500, and also from an order bearing date the 6th day of June, 1900, and entered in said ■clerk’s office, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Goodrich, P. J.:
The defendant city maintained upon the sidewalk of one of its highways an- iron water pipe about one and one-quarter inches in diameter, and projecting several inches above the ground, with ari iron cap three inches in diameter on -its top. On the sidewalk was a row of flagging several feet in width, but covering only a portion of the sidewalk, the distance between the flagging and the curb line being about two feet. In this space stood the water pipe. Originally the pipe was. left flush with the surface of the earth walk, but after- . ward the defendant changed the grade of…
2Cases cited2 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Williams v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by7 opinions
- Preiss v. City of New YorkNew York Supreme Court · 1910
- Burns v. City of New OrleansLouisiana Court of Appeal · 1934
- Lerner v. ParowerAppellate Division of the Supreme Court of the State of New York · 1935
- O'Connor v. StateNew York Court of Claims · 1950
- Saphir v. Childs Co.Appellate Division of the Supreme Court of the State of New York · 1935
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