Legal Opinion
Mamie McDermot and John F. McDermot v. City of New York
Court of Appeals for the Second Circuit
Decided February 17, 1961No. 26372_1PublishedCited by 8 opinions
1Per curiam
Plaintiffs, Mamie McDermot and John F. McDermot, her husband, appeal from a judgment for defendant City of New York in an action for personal injuries sustained by her from a fall on the defendant’s streets. On January 14, 1957, as she was crossing Ninth Avenue at 57th Street in New York City, she fell in a one- or one-and-a-half-inch rut in a somewhat depressed area of a generally uneven, cobblestone street. The court below held that there was a question of fact as to whether or not the condition of the street where she fell was dangerous, but directed a verdict for the City on the ground…
2Cases cited5 opinions
- Ehret v. Village of ScarsdaleNew York Court of Appeals · 1935
- Valle v. City of New YorkNew York Supreme Court · 1960
- Gibbons v. City of New YorkCity of New York Municipal Court · 1951
- Sobel v. City of New YorkNew York Supreme Court · 1958
- Sobel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1959
3Cited by8 opinions
- Harding v. City of Highland ParkAppellate Court of Illinois · 1992
- Word v. City of St. LouisMissouri Court of Appeals · 1981
- District of Columbia v. MegginsonDistrict of Columbia Court of Appeals · 1969
- Bernard Ryan and Robert Ryan, D/B/A Ryan Fruit Company v. St. Johnsbury & Lamoille County RailroadCourt of Appeals for the Second Circuit · 1961
- Shapiro v. Hotel Corp. of AmericaAppellate Division of the Supreme Court of the State of New York · 1966
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