Morris v. Village of Saratoga Springs
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Susan S. Morris, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 1st day of May, 1900, upon the dismissal of. the complaint by direction of the court after a trial before the court and a jury at the Saratoga Trial Term. The action was brought to recover damages sustained by the plaintiff by reason of the alleged negligence of the defendant.
1Opinion of the Court
Edwards, J.:
On the evening of December 16, 1898, the plaintiff fell on ice which had formed on the sidewalk by the town hall, on the north side of Lake avenue, in Saratoga Springs, and sustained injuries in consequence of such fall. There was a ridge of ice on the walk/ from one to three inches in thickness, three feet from the building, and from this ridge the ice extended for two or three feet toward the curbstone. This ice had been there, for ten days before the accident, during which time the temperature had been below the freezing point.
On the town hall there is a gutter which runs…
2Cases cited1 opinion
- Thompson v. Village of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by1 opinion
- Morrissey v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1915