Egan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 25th day of January, 1916, upon the verdict of a jury for $400, and also from an order entered in said clerk’s office on the 27th day of January, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Plaintiff has recovered damages for personal injuries resulting from a fall on a crosswalk at One Hundred and Fifty-fifth street and the Speedway, in the city of New York. Her fall was occasioned, as she says, and as the jury must have found, from an accumulation of rough and lumpy ice upon the crosswalk. The accident happened in the morning, and there is evidence that all of the crosswalks in the vicinity were slippery on that morning in consequence of a fresh fall of snow during the night.
It is well settled that a municipality is not, and in the nature of things cannot be, held to…
2Cases cited3 opinions
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Lichtenstein v. Mayor of New YorkNew York Court of Appeals · 1899
- Brennan v. . City of New YorkNew York Court of Appeals · 1910
3Cited by5 opinions
- O'Donnell v. City of ButteMontana Supreme Court · 1922
- Smith v. Town of LanderWyoming Supreme Court · 1950
- Adams v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1939
- Monahan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1969
- Roston v. Third Avenue Transit Corp.New York Supreme Court · 1945