Whalen v. Citizens' Gaslight Co.
City of New York Municipal Court
Appeal from trial term. Action by Anna Whalen against the Citizens’ Gaslight Company for personal injuries. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtClement, C. J.
The question whether or not the plaintiff was guilty of contributory negligence was properly submitted to the jury. The plaintiff was, at the time of her injury, 70 years of age, and while walking on the sidewalk on Court street, in this city, tripped on a flagstone, and was thrown down. The employés of the defendant had removed the flagstone, and placed it over another, which formed a part of the sidewalk. The law on this question is well settled by a long line of authorities. Jennings v. Van Schaick, 108 N. Y. 530, 15 N. E. 424; Smith v. Ryan (City Ct. Brook.) 8 N. Y. Supp. 853, affirmed…
2Cases cited7 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Bullock v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1885
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Smith v. RyanNew York City Court · 1890
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