Stone v. City of Poughkeepsie
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Poughkeepsie, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Dutchess on the 19th day of November, 1896, upon the verdict of a jury, and also, from an order entered in said clerk’s office on the 27th day of November, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J.:
This action is brought to recover damages for personal injuries received by the plaintiff through falling on a sidewalk in Main street in the city of Poughkeepsie, which at the time was covered with ice. The only questions presented on this appeal are those raised by the defendant’s motion for a nonsuit, that the evidence was not sufficient either to establish the plaintiff’s freedom from fault, or negligence on the part of the defendant. According to the evidence offered on the plaintiff’s behalf, at the place of the accident a barn abutted on the sidewalk; the rain falling on the…
2Cases cited4 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Kaveny v. . the City of TroyNew York Court of Appeals · 1888
- Kinney v. . the City of TroyNew York Court of Appeals · 1888
3Cited by3 opinions
- Beck v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Fiato v. StateNew York Court of Claims · 1961
- Graham v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1902