Whalen v. Citizens' Gaslight Co.
New York City Court
Appeal from judgment in favor of the plaintiff, entered upon a verdict, and from order denying a motion for a neyr trial. Action to recover damages for injuries sustained by falling over a flagstone which "the defendant had removed and placed over another on the sidewalk while connecting its gas main with adjoining premises.
1Opinion of the Court
Clement, Ch. J.
The question whether or not the plaintiff was guilty of contributory negligence was properly submitted to the jury. The plaintiff was, at the time of her injury, *282seventy years of age, and while walking on the sidewalk on Court street, in this city, tripped on a flagstone and was thrown down. The employees of the defendant had removed the flagstone and placed it over another, which formed a part of the sidewalk. The law on this question is well settled by a long line of authorities. Jennings v. Van Schaick, 108 N. Y. 530 ; Smith v. Ryan, 8 N. Y. Supp. 853 ; 130 N. Y. 653 ;…
Also in this document: Concurrence.
2Cases cited4 opinions
- Jennings v. . Van SchaickNew York Court of Appeals · 1888
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Smith v. RyanNew York City Court · 1890