Gillrie v. . City of Lockport
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made December 30,1887, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Improper evidence was admitted and allowed by the court.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made December 30,1887, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Improper evidence was admitted and allowed by the court. (Warner v. N. Y. C. & H. R. R. R. Co., 44 N. Y. 465; O'Hagen v. Dillon, 76 id. 170.) The evidence fails to show negligence on the part of the defendant. (Blakely v. City of Troy, 18 Hun,…
1Opinion of the CourtParker, J.
The judgment under review is for personal injuries sustained by the plaintiff in falling upon a sidewalk which it is alleged • the defendant negligently suffered to be out of repair and in an improper condition.
Between five and six o’clock in the afternoon of February 27, 1.883, the plaintiff passed out of Hascall Brothers’ store, on Mam street in the city of Lockport, and turned towards home. While on the sidewalk and when about opposite the division line between that store and a building occupied by Craine & Watters, she stepped upon a mound or hummock of ice, slipped and fell, breaking her…
2Cases cited3 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Todd v. . City of TroyNew York Court of Appeals · 1875
3Cited by11 opinions
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Williams v. . City of New YorkNew York Court of Appeals · 1915
- Hofacre v. City of MonticelloSupreme Court of Iowa · 1905
- Schabel v. Onseyga Realty Co.Appellate Division of the Supreme Court of the State of New York · 1931
- McCave v. City of CantonOhio Supreme Court · 1942
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