Williams v. . City of New York
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence presents a question for the jury, as to the neglect of the defendant. (Erb v. City of New York, 123 App.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 17, 1914, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The evidence presents a question for the jury, as to the neglect of the defendant. (Erb v. City of New York, 123 App. Div. 915; O’Hara v. City of Brooklyn, 57 App. Div. 176; Kapper v. City of Yonkers, 110 App. Div. 747; 188 N. Y. 592.) The exception…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is a snow and ice case against the city of New York, but not one of the usual insignificant character. Permission to appeal was granted on account of the difference which has developed for some years past between the treatment accorded to this class of cases in the first department and that which they have received in the second. In the first department there has been manifested a strong tendency to nonsuit in many actions which would almost certainly go to the jury if they had been brought in the second department. It was thought that this variance of view might…
2Cases cited14 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Todd v. . City of TroyNew York Court of Appeals · 1875
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3Cited by61 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Amelchenko v. Borough of FreeholdSupreme Court of New Jersey · 1964
- Smith v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1951
- Mazzella v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010
- Candelier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1987
56 more not listed; retrieve them via the Exa API.