Clemence v. City of Auburn
New York Supreme Court
MOTION by plaintiff for a new trial after a judgment of nonsuit at the circuit. The action was brought by Mary A. Clemence against the city of Auburn to recover damages for personal injuries caused by plaintiff slipping upon a sidewalk in said city. Sufficient facts appear in the opinion.
1Opinion of the CourtMullin, P. J.
The plaintiff is a resident of the city of Auburn. On the 3d of February, 1872, she was passing along the sidewalk on State street, in said city, and slipped and fell, and injured the ulnar nerve of the arm, by reason whereof she has suffered a good deal of pain, and was for several months unable to perform her ordinary labor, and the arm was not, at the time of the trial, able to raise any considerable weight, and in the opinion of the physician, will never be restored to its normal condition.
Some four or five years before the accident the owner of the lot, in front of which this walk was…
2Cases cited4 opinions
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Clark v. City of LockportNew York Supreme Court · 1867
- Wallace v. MayorNew York Court of Common Pleas · 1859