Dennis v. Village of Elmira Heights
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carrie M. Dennis, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on the 20th day of July, 1900, upon a nonsuit granted by the court after a trial at' the Che-mung Trial Term, and also from an order entered in said clerk’s office denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merwin, J.:
This action is brought to recover damages for personal injuries sustained by the plaintiff on .tlm evening of July 3, 1897, by reason, as she claims, of the negligence of the defendant in not maintaining proper barriers against an excavation or embankment in Eighth or Hurlburt street, which was one of the public streets of the defendant.
The defendant was incorporated on May 1, 1896. It included within its boundaries a quantity of land formerly owned and used by the county as a fair ground, and upon which there had ■ been a race course. It had b.een conveyed in 1892 by the county to…
2Cases cited5 opinions
- Carpenter v. . City of CohoesNew York Court of Appeals · 1880
- Goodin v. City of Des MoinesSupreme Court of Iowa · 1880
- City of Omaha v. RandolphNebraska Supreme Court · 1890
- Barr v. Village of BainbridgeAppellate Division of the Supreme Court of the State of New York · 1899
- Mayo's ex'or v. Carrington's ex'orSupreme Court of Virginia · 1869
3Cited by4 opinions
- Shuptrine v. HerronMississippi Supreme Court · 1938
- De Long v. Oklahoma CitySupreme Court of Oklahoma · 1914
- Eagan v. City of BuffaloNew York Supreme Court · 1918
- Dennis-Wickers v. . Village of Elmira HeightsNew York Court of Appeals · 1905