Tobin v. Village of Fairport
New York Circuit Court
Action by Lelia H. Tobin against the village of Fairport to recover damages sustained in consequence of a fall on a defective sidewalk on defendant’s street. There was a verdict for plaintiff, and defendant moves for a new trial on the minutes.
1Opinion of the CourtRumsey, J.
Every witness who was sworn upon that subject, with two exception’s, swore that a board was gone from the sidewalk in the place where it is claimed that plaintiff fell. Those two witnesses “didn’t notice the hole.” Upon that state of evidence there was no doubt that the defect was shown to exist, such as it was. McReil, an entirely credible and uncontradicted witness, as well as Rienzi Hulbert, the brother of plaintiff, Brooks, her brother-in-law, and the plaintiff herself, testified to her fall. The story was not improbable, not unlikely to be true, not contradicted; and one of the witnesses…
2Cases cited6 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Koehler v. . AdlerNew York Court of Appeals · 1879
- Lomer v. . MeekerNew York Court of Appeals · 1862
- Kelly v. . BurroughsNew York Court of Appeals · 1886
- Roche v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ephrem v. PhillipsDistrict Court of Appeal of Florida · 1957
- Witrak v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Clukey v. Seattle Electric Co.Washington Supreme Court · 1901
- Fleddermann v. St. Louis Transit Co.Missouri Court of Appeals · 1908