Legal Opinion · Dissent

Kopper v. City of Yonkers

Appellate Division of the Supreme Court of the State of New York

Decided January 26, 1906Published

Appeal by the defendant, the City of Yonkers, from a judgment of the County Court of Westchester county in favor of the plaintiff, entered in the office -of the clerk of the county of Westchester on the 22d day of November, 1904, upon the verdict of a jury'for §1,200, and also from an order entered in said clerk’s office on the 16th day of December, 1904, denying the defendant’s motion for a new trial made upon the minutes.

1Dissent

Rich, J. (dissenting):

Hawthorne avenue is a public street in the city of Yonkers, descending northerly to Main street at a very steep grade —14.2 feet in 100. Along the sidewalk on this avenue, opposite premises owned by one Schleuter, is a high retaining wall through which a pipe leads, forming an overflow discharge for surface water accumulating on the premises and conducted into a deep basin underneath the sidewalk. On February 20, 1904, the plaintiff, while passing over a sidewalk on .this street, slipped and fell at a point nearly opposite the pipe referred to, sustaining the injury for…

2Cases cited4 opinions

  1. Taylor v. . City of YonkersNew York Court of Appeals · 1887
  2. Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
  3. Kaveny v. . the City of TroyNew York Court of Appeals · 1888
  4. Moran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904

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

Powered by the Exa API