Kling v. City of Buffalo
New York Supreme Court
Appeal from circuit court, Erie county. Action by Lillie Kling against the city of Buffalo for personal Injuries. From a judgment for plaintiff, and from an order denying a motion for a new trial on the minutes, defendant appeals.
1Opinion of the CourtLewis, J.
Giving to the evidence the most favorable construction for the plaintiff it will bear, it fails, we think, to sustain the recovery. The accident happened upon the sidewalk upon the northerly side of Swan street, between Main and Washington streets, on the 17th day of February, 1892, at 11:30 in the morning, by the plaintiff falling upon ice on the walk, and fracturing her arm. The negligence complained of was in permitting the snow and ice to accumulate and lie upon the sidewalk. There was perhaps evidence enough to show that the ice had remained a suffi*446eient length of time to constitute…
2Cases cited1 opinion
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
3Cited by3 opinions
- Byington v. City of MerrillWisconsin Supreme Court · 1901
- Green v. City of MechanicvilleNew York Court of Appeals · 1935
- Rogers v. City of RomeAppellate Division of the Supreme Court of the State of New York · 1904