Trustees of the Village of Canandaigua v. Foster
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered October 25, 1894, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new. trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered October 25, 1894, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for a new. trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in instructing the jury that, notwithstanding the repair made in 1888 was properly and effectively made, the duty of keeping the grating in repair after that time rested upon the defendant. (Clancy v. Byrne, 56 N. Y. 129; Wolf v. Kilpatrick, 101 N. Y.…
1Opinion of the CourtVann, J.
By this action the plaintiffs sought to recover the damages which they had been compelled to pay on account of personal injuries sustained by one McSherry, through an accident caused by a defective grate in the sidewalk in front of defendant’s premises.
For many years prior to 1889 the defendant owned certain land on the northwest corner of Main and Bristol streets in the village of Canandaigua, bounded on the east and soutli by the outer line of said streets, and extending 96 feet on Bristol and 40 feet on Main. A brick block consisting of several stores, three stories high, substantially…
2Cases cited16 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Irvine v. . WoodNew York Court of Appeals · 1872
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
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3Cited by111 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- D'Ambrosio v. City of New YorkNew York Court of Appeals · 1982
- Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Kaufman v. SilverNew York Court of Appeals · 1997
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