Legal Opinion

Lyman v. Village of Potsdam

Appellate Division of the Supreme Court of the State of New York

Decided May 18, 1916PublishedCited by 3 opinions

Appeal by the plaintiff, Elsie E. Lyman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of St. Lawrence on the 16th day of February, 1915, upon a dismissal of the complaint by direction of the court at the close of the case, certain specific questions having been submitted to and answered by the jury, and also from the order entered in said clerk’s office on the 13th day of February, 1915, dismissing the…

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Appeal by the plaintiff, Elsie E. Lyman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of St. Lawrence on the 16th day of February, 1915, upon a dismissal of the complaint by direction of the court at the close of the case, certain specific questions having been submitted to and answered by the jury, and also from the order entered in said clerk’s office on the 13th day of February, 1915, dismissing the "complaint as before stated.

1Per curiam

It is the duty of a municipality to keep its streets free from obstructions. Here the municipality invited obstructions. The rubbish was not kept within the limits of the premises of the property owners but was deposited into the streets by invitation of the village officers who seemed to have assumed the responsibility of removing undesirable objects for the benefit of the residents instead of requiring or at least allowing the resi*391dents to do that work for themselves. It may have been public spirited and for that reason commendable, but the village was not for that reason relieved from its…

2Cited by3 opinions

  1. Lyman v. . Village of PotsdamNew York Court of Appeals · 1920
  2. Lyman v. Village of PotsdamAppellate Division of the Supreme Court of the State of New York · 1923
  3. Lobello v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944

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