Stillwell v. Mayor of New York
The Superior Court of New York City
Appeal by plaintiff from judgment in favor of defendant dismissing the complaint, upon the order of the judge at trial term. The action was for damages to plaintiff, through the alleged negligence of defendants in permitting to remain in the sidewalk of a street an iron vault-cover having a surface so smooth and slippery that it did not furnish a safe foot-hold for passengers.
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Appeal by plaintiff from judgment in favor of defendant dismissing the complaint, upon the order of the judge at trial term. The action was for damages to plaintiff, through the alleged negligence of defendants in permitting to remain in the sidewalk of a street an iron vault-cover having a surface so smooth and slippery that it did not furnish a safe foot-hold for passengers. On a stormy day, when half melted snow was upon the vault-cover, the plaintiff, stepped upon it, slipped, fell, and was seriously injured. It was claimed that the defendants were negligent in three respects : First, in…
1Opinion of the Court
By the Court.—Sedgwick, Ch. J.
—The plaintiff was hurt by slipping upon an iron vault-cover in the sidewalk of East Fourteenth street. The cover was about eighteen feet from the curb of the .gutter, and about seven feet from what was assumed to be the coping of the area of the adjoining house. In a photograph of the premises no area appears, but the decision did not turn upon there being no area.
The plaintiff read in evidence certain city ordinances ; one (§ 188), was that the opening of the vault shall be either within twelve inches of the curb-stone of the sidewalk or within twelve inches of…
2Cases cited1 opinion
- Griffin v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1854
3Cited by1 opinion
- Coonley v. City of AlbanyNew York Supreme Court · 1890