Quinlan v. City of Utica
New York Supreme Court
Appeal from a judgment entered on a verdict for the plaintiff, rendered at the Oneida Circuit in April, 1816, and from an order denying a motion for a new trial on the minutes; also from an order awarding costs to the plaintiff. The action was brought to recover damages because of injuries to plaintiff’s person, caused by the alleged neglect of the defendant to keep one of its sidewalks in a safe and proper condition.
1Opinion of the Court
Smith, J.:
The evidence presented questions of fact as to the alleged negligence of the defendant, and contributory negligence on the part of the plaintiff, which were properly submitted to the jury, and there is nothing in the evidence which requires us to disturb their verdict upon those questions.
It is contended on the part of the appellant that the court erred in permitting the plaintiff to prove that other persons had slipped and fallen, at various times, on the sidewalk where she was injured. The condition of the walk was very fully and minutely described by the witnesses, and…
2Cases cited9 opinions
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- House v. MetcalfSupreme Court of Connecticut · 1858
- Kent v. Town of LincolnSupreme Court of Vermont · 1860
- Field v. New York Central RailroadNew York Court of Appeals · 1865
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
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