Legal Opinion

Hayes v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided March 20, 1944PublishedCited by 6 opinions

1Per curiam

The action is to recover damages for personal injuries suffered as a consequence of plaintiff’s fall upon a public sidewalk in Brooklyn at a point where there was a variation in the levels of two adjoining sidewalks. Upon the trial the appellant had a verdict and a motion to set it aside was denied. A reargument of that motion was granted and upon reargument the verdict was set aside and a new trial directed on the ground that the charge of the court to the jury was erroneous.

In our opinion the order should be reversed and the verdict reinstated for the following reasons:

i (a) The submission…

2Cases cited8 opinions

  1. Clifford v. . DamNew York Court of Appeals · 1880
  2. Butler v. . Village of OxfordNew York Court of Appeals · 1906
  3. Lalor v. . City of New YorkNew York Court of Appeals · 1913
  4. Wilson v. Jaybro Realty & Development Co.New York Court of Appeals · 1943
  5. Dowd v. City of BuffaloNew York Court of Appeals · 1943

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3Cited by6 opinions

  1. District of Columbia v. WilliamsDistrict of Columbia Court of Appeals · 1946
  2. Goodrich v. Ross-Ketchum Co.Appellate Division of the Supreme Court of the State of New York · 1948
  3. Lynch v. City of BeaconAppellate Division of the Supreme Court of the State of New York · 1945
  4. Dumary v. Village of AthensAppellate Division of the Supreme Court of the State of New York · 1948
  5. Carson v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1944

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