O'Connor v. City of Dunkirk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Dunkirk, from a judgment * of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 18th day of August, 1910, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide event.
The action was for negligence. The plaintiff stepped into a gutter in the street and fell down, receiving injuries for which she has *697recovered. Various questions are raised here, the principal one being that the defendant was not chargeable with actionable negligence causing the injury. The street had a gutter running down the side. The crosswalk was carried across the street at an elevation which raised it two and seven-eighths to five and one-lialf inches above the…
2Cited by2 opinions
- O'Connor v. City of DunkirkAppellate Division of the Supreme Court of the State of New York · 1911
- Scott v. Delaware, L. & W. R.Appellate Division of the Supreme Court of the State of New York · 1913