Cupp v. City of Elmira
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Elmira, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Chemung on the 8'th day of May, 1907, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 4th day of June, 1907, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
Liability of the defendant is asserted herein because of an icy sidewalk on which the plaintiff fell and was injured. The accident occurred on the afternoon of February 15, 1905,' on a sidewalk in front of a vacant building on one of defendant’s streets. Between the building and the sidewalk was a platform about eight inches high on the property of the owner of the building and used in connection therewith. The walk in front of the building was about twelve feet wide. The snow was shoveled toward the outer side of the walk, leaving a space of four or five feet for passage between…
2Cases cited7 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Kaveny v. . the City of TroyNew York Court of Appeals · 1888
- Foley v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
- Anthony v. Village of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1896
- Staley v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
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