Corr v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a, judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 30tli day of January, 1907, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 1st day of February, 1907, denying the defendant’s motion for a new trial made upon the minutes. ' - > ■
1Opinion of the Court
Jerks, J.:
The action is against a municipal corporation for negligence. The plaintiff’s case is that when he was walking on an even, smooth, hard earthen sidewalk of the city at 11 o’clock of a February night he stumbled over the top of a sewer manhole and fell to his injury. The sewer was built under this sidewalk and the top of this manhole stood above the surface 6, 5 or 3 or 4 inches, by various estimates. I think that the learned court rightly submitted the-question of liability to the jury, and that there is no reason for disturbing the judgment upon the verdict for the plaintiff.
The…
2Cases cited3 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
3Cited by2 opinions
- Mincho v. Bankers' Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1908
- Kelly v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908