Dubois v. . City of Kingston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 6, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. ■ The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 6, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. ■ The material facts are stated in the opinion. Before a municipal corporation can be made liable for injuries caused by a defect in a highway, not arising from its construction or from any act authorized by the corporation, either express notice of the existence of the…
1Opinion of the CourtMiller, J.
The plaintiff was injured on the evening of ITovember 23, 1872, while running to a fire, which appeared to be in the direction of Ms own house, in the city of Kingston, by falling over a stepping-stone lying on the sidewalk in one of the streets of sai'd city. The stone was three feet fonr inches in length, twenty inches wide and fourteen inches high. It lay lengthwise with the curb and on the inside thereof, in front of the building containing the post-office, a music hall and several stores. Across from the stone diagonally on the inner side of the walk was a railing guarding and running…
2Cited by47 opinions
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Clinkenbeard v. City of St. JosephSupreme Court of Missouri · 1928
- Hart v. . GrennellNew York Court of Appeals · 1890
- Schoepflin v. . CoffeyNew York Court of Appeals · 1900
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