Klaus v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Katherine Klaus, from a judgment of the Supreme Court in favor of the .defendant, entered in the office of the clerk of the county of Erie on the 29th day of April, 1902, upon the verdict of a jury rendered by direction of the court after ,-a trial at the Erie Trial Term-, and also from an order bearing date the 24th day of March, 1902, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J. :
The judgment and order should be reversed and a new tria granted, with costs to the appellant to abide event. ' ,
The action was brought to recover damages for injuries to plaintiff alleged to have been caused by the negligence -of the defendant.
The injuries were received by falling upon a sidewalk on one of the defendant’s streets. The walk was in a dangerous condition by reason of the accumulation of snow and ice thereon which it was claimed the city, defendant, was negligent in permitting to-remain.
The verdict was evidently directed upon the ground that there was no proof of…
2Cases cited2 opinions
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- Scanlon v. Village of WeedsportAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by1 opinion
- Rogers v. City of RomeAppellate Division of the Supreme Court of the State of New York · 1904