Saulsbury v. . Village of Ithaca
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 24 Hun, 12.) This action was brought to recover damages for injuries sustained by plaintiff by falling into an excavation in one of defendant’s streets. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 24 Hun, 12.) This action was brought to recover damages for injuries sustained by plaintiff by falling into an excavation in one of defendant’s streets. The material facts are stated in the opinion. Municipal corporations are required to keep their streets and sidewalks in proper repair and free from dangerous obstructions, and are liable for injuries resulting from their neglect so to do. (Conrad v.…
1Opinion of the CourtDanforth, J.
The place of the accident was a public street in the village of Ithaca. Its sidewalk was uneven upon the surface and slanting; it extended over and so bridged an excavation, three or four feet deep, at the bottom of which was a pile of sharp cornered stones, of such shape that a person falling upon them would receive serious injury. There was no railing or other guard upon either side of the walk. It does not appear to have been built by the defendant, but had been in this condition for about one year, and the defendant had notice of it a long time before the 13th of June, 1879. On that day…
2Cases cited6 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Hines v. . the City of LockportNew York Court of Appeals · 1872
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3Cited by32 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Wheeler v. City of Fort DodgeSupreme Court of Iowa · 1906
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Birch v. . City of New YorkNew York Court of Appeals · 1907
- Cain v. . the City of SyracuseNew York Court of Appeals · 1884
27 more not listed; retrieve them via the Exa API.