Thrall v. Cuba Village
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Cuba Village, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Allegany on the 19th day of September, 1902, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 16th day of June, 1902, denying the defendant’s motion for a new trial inadé upon the minutes.
1Opinion of the Court
Spring, J.:
The plaintiff was injured by falling upon a defective sidewalk in the village of Cuba. • The negligence of the defendant and the freedom from contributory negligence of the plaintiff were questions of fact decided by the jury, and we are not inclined to interfere with their verdict on the questions submitted to them.
Section 322 of the Village Law (Laws of 1897, chap. 414) provides that “ no action shall be maintained against the village for damages for a personal injury * * alleged to have been sustained by reason of the negligence of the village * * * unless the same shall be…
2Cases cited5 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Westcott v. . FargoNew York Court of Appeals · 1875
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Olmstead v. Town of Pound RidgeNew York Supreme Court · 1893
3Cited by9 opinions
- Welsbach Co. v. Norwich Gas & Electric Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Rosenstock v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Williams v. Fire Ass'nAppellate Division of the Supreme Court of the State of New York · 1907
- Renwick v. Town of AlleganyAppellate Division of the Supreme Court of the State of New York · 1963
- Lutes v. Town of WarwickAppellate Division of the Supreme Court of the State of New York · 1912
4 more not listed; retrieve them via the Exa API.