Legal Opinion
Thrall v. Village of Cuba
Appellate Division of the Supreme Court of the State of New York
Decided November 17, 1903Published
Appeal from Trial Term, Allegany County. Action by Brigham N. Thrall against the village of Cuba. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtSpring, J.
The plaintiff was injured by falling upon a defective sidewalk in the village of Cuba. The negligence of the defendant and the freedom from contributory negligence of the plaintiff were questions of fact decided by the jury, and we are not inclined to interfere with their verdict on the questions submitted to them.
*662Section 322 of the village law (chapter 414, p. 453, Laws 1897) provides that:
“No action shall be maintained against a village for damages for a personal injury * * * alleged to have been sustained by reason of the negligence of the village * * * unless the same shall be commenced…
2Cases cited7 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Westcott v. . FargoNew York Court of Appeals · 1875
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Pope v. Terre Haute Car & Manufacturing Co.New York Court of Appeals · 1887
- Howland v. . EdmondsNew York Court of Appeals · 1862
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