Jones v. City of Binghamton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pearl C. Jones, from a judgment of the Supreme Court, entered in the office of the clerk of the county of Broome on the 8th day of November, 1920, upon the dismissal of the complaint by direction of the court at the close of the case, and also from an order, entered, in said clerk's office on the 19th day of November, 1920, denying plaintiff’s motion for a new trial made upon the minutes.
1Dissent
Woodward, J. (dissenting):
The complaint alleges that the defendant prior to November 1, 1919, “ made an excavation, hole and opening in the pavement on Conklin avenue ” in the city of Binghamton, and that “ after making such excavation, hole and opening, the defendant * * * wrongfully, unlawfully, negligently and carelessly omitted, failed and neglected to properly fill said excavation, hole and opening, but left it only partly filled with loose dirt, by reason whereof at the time of the casualty hereinafter mentioned and for a considerable time prior thereto said Conklin avenue * * * was and…
2Cases cited2 opinions
- Schmidt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Farrell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906