Place v. City of Yonkers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Yonkers, from a judgment of the Supremp Court in favor of the plaintiff, entered in the-office of the clerk of the county of Westchester on the 23d day of February, 1899, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 7th day of December,. 1898, denying the defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon' such appeal two…
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Appeal by the defendant, The City of Yonkers, from a judgment of the Supremp Court in favor of the plaintiff, entered in the-office of the clerk of the county of Westchester on the 23d day of February, 1899, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 7th day of December,. 1898, denying the defendant’s motion for a new trial made upon the minutes, with notice of an intention to bring up for review upon' such appeal two orders entered in said clerk’s office, one amending* the summons- and complaint changing the title,. and the other…
1Opinion of the Court
Goodrich, P. J.:
On t'he evening of August 26, 1897, the plaintiff, a boy off thirteen years, was running along the sidewalk of Elm street, in the city of Yonkers, when he struck a rope extending across the sidewalk, fell over it and received injuries, for the recovery of damages for which he brings this action. The jury rendered a verdict for $1,600, and from the judgment entered thereon^and the order denying the motion for a new trial the defendant appeals.
The defendant contends that no negligence on its part was established ; that the plaintiff was not entitled to recover for damage to his…
2Cases cited2 opinions
- Jackson ex dem. Kenyon v. VirgilNew York Supreme Court · 1808
- Sheehy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- City of Port Arthur v. WallaceCourt of Appeals of Texas · 1942
- White v. Heber CityUtah Supreme Court · 1933
- Piltz v. Yonkers RailroadAppellate Division of the Supreme Court of the State of New York · 1903
- Schorr v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1946
- Ponsrok v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1929