Lewis v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the lYth day of October, 1895, upon the verdict of a jury rendered after a trial at the Onondaga Circuit, and also from an order entered in said clerk’s office on the 15th day of JSTovember, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the lYth day of October, 1895, upon the verdict of a jury rendered after a trial at the Onondaga Circuit, and also from an order entered in said clerk’s office on the 15th day of JSTovember, 1895, denying the defendant’s motion for a new trial made upon the minutes. This action was brought by the plaintiff to recover damages which he claims to have sustained in consequence of falling upon a plank sidewalk located on the…
1Opinion of the Court
Adams, J.:
The record before us seems to fairly establish the fact that the plaintiff.received the injuries of which he complains at the time and place testified to by him and his witnesses, and that such injuries were the result of a defective- condition of the sidewalk at the point where he tripped and fell. But there is no evidence in the case, nor was any attempt made upon the trial, to establish the fact that the defendant had received actual notice of the defective condition of this walk. Some evidence, however, was given tending to show that the stringers upon which the planks rested…
2Cases cited5 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- In Re People Ex Rel. DobsonNew York Court of Appeals · 1895
- Boechat v. BrownAppellate Division of the Supreme Court of the State of New York · 1896
- William Ottmann & Co. v. HoffmanNew York Court of Common Pleas · 1894
3Cited by9 opinions
- People ex rel. Leet v. KellerAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Young v. GulvinAppellate Division of the Supreme Court of the State of New York · 1914
- Casterton v. Town of ViennaAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Young v. GulvinNew York Supreme Court · 1914
- Weed v. Common CouncilNew York Supreme Court · 1899
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