Moore v. . Gadsden
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 26, 1882, which affirmed a judgment in favor of plaintiff, entered on a verdict. This action was .brought to recover damages for injuries received by plaintiff, occasioned by a fall upon the sidewalk in front of premises, in the city of Brooklyn, owned by plaintiff.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made September 26, 1882, which affirmed a judgment in favor of plaintiff, entered on a verdict. This action was .brought to recover damages for injuries received by plaintiff, occasioned by a fall upon the sidewalk in front of premises, in the city of Brooklyn, owned by plaintiff. The case is reported on a former appeal in 87 N. Y. 84. The premises are situated at the north-west corner of Waverly and Gates avenues in the city of Brooklyn. In January, 1879, plaintiff,, in passing along the sidewalk on…
1Opinion of the CourtDanforth, J.
Ho exception was taken to the charge of the trial judge, nor is any error alleged in the admission or exclusion of evidence. The only question presented is that raised by defendant’s motion to dismiss the complaint. It should we think have been granted. Whether the plaintiff was herself in fault was a question for the jury ; but we find no evidence upon which it can be said that the defendant, by any unlawful act or negligence, caused that condition of things which, either by or without fault 'on her part, led to her injury. Heither the grade of the lot, nor the arrangement of the roof, seems…
2Cases cited3 opinions
- Knupfle v. . Knickerbocker Ice CompanyNew York Court of Appeals · 1881
- City of Hartford v. TalcottSupreme Court of Connecticut · 1881
- Wenzlick v. . McCotterNew York Court of Appeals · 1881
3Cited by34 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- City of St. Louis v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1891
- Hanley v. Fireproof Building Co.Nebraska Supreme Court · 1922
- Connolly v. BurschAppellate Division of the Supreme Court of the State of New York · 1912
- Fielders v. North Jersey Street Railway Co.Supreme Court of New Jersey · 1902
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