Johnson v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Buffalo, from a judgment of the County Court of Erie county in favor of the plaintiff, entered in the office of the clerk of said county on the 31st day of October, 1916, upon the verdict of a jury for $1,350, and also from an order entered in said clerk’s office on the 13th day of November, 1916, denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
Plaintiff has recovered a verdict for personal- injuries sustained at nine-thirty A. M., April 9, 1914, by slipping and falling upon ice upon a sidewalk.
There was evidence from which the jury could find that the icy condition claimed to be dangerous to pedestrians had existed at the place of the accident for at least two weeks.
The jury were instructed that plaintiff could not recover unless the ice on the sidewalk was so dangerous as to be likely to result in an injury to a person using the walk. Also that it was an unusual condition and one that had existed for such a length of time that the…
2Cases cited1 opinion
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
3Cited by2 opinions
- Keating v. City of New LondonSupreme Court of Connecticut · 1926
- Cantone v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1948