Legal Opinion

Cross v. City of Elmira

New York Supreme Court

Decided May 4, 1895PublishedCited by 6 opinions

Appeal from circuit court, Chemung county. Action by Lydia H. Cross against the city of Elmira for personal injuries. From a judgment entered on a verdict in favor of plaintiff for $2,500, and from an order denying a motion for a new trial, made on the minutes, defendant appeals.

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Appeal from circuit court, Chemung county. Action by Lydia H. Cross against the city of Elmira for personal injuries. From a judgment entered on a verdict in favor of plaintiff for $2,500, and from an order denying a motion for a new trial, made on the minutes, defendant appeals. Plaintiff’s complaint states that defendant was guilty of negligence in “neglecting to perform the powers, and, failing to perform its said duties, that defendant, through and by its officers and agents, negligently permitted and suffered the plank sidewalk on the north side of East Washington avenue, between Pratt…

1Opinion of the CourtHardin, P. J.

October 21, 1891, the plaintiff passed northerly on Oak street, until she reached the north side of East Washington *948avenue; and, while passing between Oak street and Pratt street, she stepped into a hole in the plank, and fell on the cement walk, striking upon both of her knees, and received the injuries mentioned in her complaint, and minutely described in the evidence given at the trial. There was no sidewalk at the time on the south side of East Washington avenue between Oak and Sullivan streets, which is the street next east of Pratt street. As the plaintiff passed along the sidewalk, she…

2Cases cited16 opinions

  1. Noonan v. City of LawrenceMassachusetts Supreme Judicial Court · 1881
  2. Werner v. City of RochesterNew York Supreme Court · 1894
  3. Sullivan v. City of SyracuseNew York Supreme Court · 1894
  4. Scott v. Sun Printing & Publishing Ass'nNew York Supreme Court · 1893
  5. Sherman v. Village of OneontaNew York Supreme Court · 1892

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3Cited by6 opinions

  1. Beyer v. . City of North TonawandaNew York Court of Appeals · 1906
  2. Rusch v. City of DubuqueSupreme Court of Iowa · 1902
  3. Jackson v. RichmondSupreme Court of Virginia · 1929
  4. Stedman v. City of RomeNew York Supreme Court · 1895
  5. Rauber v. Village of WellsvilleAppellate Division of the Supreme Court of the State of New York · 1903

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

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