Kopper v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
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
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Kaveny v. . the City of TroyNew York Court of Appeals · 1888
- Moran v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904