Kelly v. Newman

— This is an action to recover damages against the defendant Newman and the Mayor, Aldermen and Commonalty.

The complaint alleges that- the defendant Newman is the occupant of No! 681 Sixth avenue, in the city of New York. That it was the duty of both defendants to maintain the'sidewalk in front of said premises in a safe condition for passersby and free from all incumbrances of ice and snow, and that nevertheless the defendants, neglecting their duty, permitted ice and snow to accumulate upon said sidewalk.

*157The complaint then further alleges that defendants, "in violation of their duty,…