Thompson v. Village of Saratoga Springs
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by James Thompson against the village of Saratoga Springs. From a judgment dismissing the complaint, plaintiff appeals. Reversed. Argued before PARKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtParker, P. J.
The obstruction which it is claimed was the cause of the plaintiff’s injury, and which existed upon the sidewalk in question, was formed by water dripping from the eaves of the bay window adjacent to the walk, and freezing to the walk. It dripped from day to day as the snow melted upon the roof of the window, and, by freezing, created a ridge of ice on the walk from four to five inches thick where it struck the walk, and sloping off to nothing in the middle of the walk, a distance of two or three feet. Such ridge had continued there for ten days or two weeks before the plaintiff fell thereon,…
2Cases cited4 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Kinney v. . the City of TroyNew York Court of Appeals · 1888
- Goff v. Village of Little FallsNew York Supreme Court · 1892
- Hawley v. City of GloversvilleAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Eppley v. City of ChicagoAppellate Court of Illinois · 1921
- Strappelli v. City of ChicagoAppellate Court of Illinois · 1938