McVee v. City of Watertown
New York Supreme Court
Appeal from circuit court, Jefferson county. Action by Clarence A. McVee, an infant, by Frank McVee, his guardian ad litem, against the city of Watertown, to recover for injuries caused by a defective sidewalk. From a judgment entered on a verdict for plaintiff, and from an order denying a motion on the minutes for a new trial, defendant appeals.
1Opinion of the CourtMerwin, J.
On October 1, 1894, the plaintiff, then being an infant about four years old, fell upon a sidewalk on Grant street, so called, in the city of Watertown, and received an injury, the dam*871ages arising from which he seeks in this action to recover of the defendant upon the ground of negligence. It is claimed by the defendant (1) that Grant street, so called, is not a public highway; (2) that, if it is, the defendant was not negligent; and (3) that plaintiff or those who had the care of him wTere guilty of contributory negligence. All these questions were submitted to the jury, and .he verdict was…
2Cases cited18 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Cook v. . HarrisNew York Court of Appeals · 1875
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3Cited by4 opinions
- In re Brigham StreetNew York Supreme Court · 1930
- Riley v. BrodieNew York Supreme Court · 1898
- Holmes v. StateNew York Court of Claims · 1951
- In re the Town of RutlandNew York Supreme Court · 1910