Frank v. Village of Warsaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Warsaw, from a judgment of the, Supreme Court in favor of the plaintiff,-entered in the office of the clerk of the county of Wyoming 'on the 7th day of March, 1906, upon the verdict of a jury for $7,500, and also from an order ^entered in said clerk’s office on the 9tli day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, The Village of Warsaw, from a judgment of the, Supreme Court in favor of the plaintiff,-entered in the office of the clerk of the county of Wyoming 'on the 7th day of March, 1906, upon the verdict of a jury for $7,500, and also from an order ^entered in said clerk’s office on the 9tli day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff, a young man of twenty-eight years of age, was injured on the 16th - day of August, 1904, while walking along the sidewalk on the east side of Main street in the village of Warsaw, in…
1Dissent
Spring, J. (dissenting):
The plaintiff was lawfully on the sidewalk' and "he had the right to assume that it was safe for him to pass .over it. This assurance *625of safety existed because the defendant was charged with the affirma. tive obligation to keep the street in its entirety open for public travel. (Cohen v. Mayor, 113 N. Y. 532, 535 ; Callanan v. Gilman, 107 id. 360.)
These are fundamental propositions. It has bécome also one of the settled propositions in this State that a permanent obstruction in a stréet or highway interfering with the convenience of the public or imperiling the safety…
2Cases cited11 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
6 more not listed; retrieve them via the Exa API.