Reich v. Mayor of New York
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury, and from orders denying motions for a new trial on the minutes and on the ground of newly discovered evidence. On Sunday, February 3d, 1878, a clear day, plaintiff, passing over a sidewalk on the south side of Delaney Street, between three and four o’clock, slipped on the ice and fell. Her hip was broken by the fall, and she was confined to her bed for six or seven weeks.
Read the full summary
Appeal from a judgment of this court entered upon the verdict of a jury, and from orders denying motions for a new trial on the minutes and on the ground of newly discovered evidence. On Sunday, February 3d, 1878, a clear day, plaintiff, passing over a sidewalk on the south side of Delaney Street, between three and four o’clock, slipped on the ice and fell. Her hip was broken by the fall, and she was confined to her bed for six or seven weeks. On Thursday and Friday next preceding, snow fell to the depth of seven inches. There was a leader from the roof of the house fronting the sidewalk,…
1Opinion of the CourtBeach, J.
[After stating the facts as above.]—The disposition of this appeal, so far as the issues between the parties are concerned, is controlled by the question whether or not the evidence on plaintiff’s behalf made a proper case for submission to the jury. The appellants urge the nega*74tive, from the absence of proof showing ice to have been upon the sidewalk for a sufficient length of time to charge the city with constructive notice and consequent negligence in allowing it to remain. The legal principles governing the case were stated to the jury with great clearness by the learned judge who…
2Cases cited2 opinions
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
3Cited by2 opinions
- Griebel v. Rochester Printing Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Anderson v. McAleenanNew York Court of Common Pleas · 1890