Legal Opinion

Keane v. Village of Waterford

New York Court of Appeals

Decided December 1, 1891PublishedCited by 21 opinions

Appeal from judgment of the General Term of the Supreme ■'Court in the third judicial department, entered upon an order made November 26,1889, 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. The •court correctly charged that if the alleged ridge was caused by •drippings from the roof defendant was not liable.

Read the full summary

Appeal from judgment of the General Term of the Supreme ■'Court in the third judicial department, entered upon an order made November 26,1889, 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. The •court correctly charged that if the alleged ridge was caused by •drippings from the roof defendant was not liable. (Tobey v. Hudson, 49 Hun, 319; Kaveney v. Troy, 108 N. Y. 576, 577.) The trial court and the General Term were bound to…

1Opinion of the CourtHaight, J.

This action was brought to recover damages for a personal injury.

On the 23d day of January, 1886, the plaintiff, whilst walking with her daughter-in-law upon the sidewalk on Broad •street, in the village of Waterford, slipped and fell, receiving the injuries for which the jury has awarded damages.

The accident occurred nearly in front of the bar-room door of the Worthington Hotel, at about seven o’clock in the evening and after it had become dark. There is some conflict as to the condition of the walk, but all agree that it was slippery.

It is claimed on behalf of the plaintiff that there was a…

2Cases cited1 opinion

  1. Kaveny v. . the City of TroyNew York Court of Appeals · 1888

3Cited by21 opinions

  1. Barker v. Ohio River RailroadWest Virginia Supreme Court · 1902
  2. Malcolm v. Evangelical Lutheran Hospital Ass'nNebraska Supreme Court · 1921
  3. Smith v. City of CloquetSupreme Court of Minnesota · 1912
  4. Goff v. Village of Little FallsNew York Supreme Court · 1892
  5. Stedman v. City of RomeNew York Supreme Court · 1895

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API