Brewer 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 New York on the 13th day of January, 1898, upon the verdict of a jury for $1,500, rendered by direction of the court, and also from an order entered in said clerk’s office on the 9th day of February, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
O’Brien, J. :
The action ivas brought to recover damages for injuries occasioned to the plaintiff on January 13, 1896, in consequence of the alleged neglect of the defendant to keep the street at the southeast corner of One Hundred and Third street and Park avenue in repair, and because of the defendant’s maintenance of the sidewalk in an unsafe and dangerous condition. On the night in question, while the plaintiff was passing from the west to the east side of Park avenue, through the tunnel there existing, and while stepping from the crosswalk to the sidewalk, he tripped and fell over a…
2Cases cited2 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Smith v. The Mayor, Aldermen & Commonalty of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897