Powers v. Village of Mechanicville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna Powers, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 29th day of February, 1912, upon the dismissal of the complaint by direc tion of the court at the close of plaintiff’s case upon a trial before the court and a jury at the Saratoga Trial Term.
1Opinion of the Court
Woodward, J.:
This is an action to recover damages for injuries alleged to have been sustained by the plaintiff in falling over a cap to a water pipe, which was located within about one foot of the outside edge of a sidewalk eleven feet in width. There was evidence which would justify the jury in finding that the plaintiff, while in the exercise of reasonable care, caught the toe of her shoe under the edge of this cap, causing her to fall, resulting in injuries which a previous jury held to have damaged her to the extent of $1,500. The judgment on appeal was reversed, and the case coming back…
2Cases cited7 opinions
- Worster v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Lucas v. Board of CommissionersIndiana Supreme Court · 1873
- Moroney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Schild v. . C.P., N. E.R.R.R. Co.New York Court of Appeals · 1892
- Moroney v. . City of New YorkNew York Court of Appeals · 1908
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3Cited by7 opinions
- McGenty v. John A. Stephenson & Co.Supreme Court of Minnesota · 1944
- City of Little Falls v. StateAppellate Division of the Supreme Court of the State of New York · 1921
- Burns v. City of New OrleansLouisiana Court of Appeal · 1934
- Stern v. International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1915
- Canavan v. . City of MechanicvilleNew York Court of Appeals · 1920
2 more not listed; retrieve them via the Exa API.