Scanlon v. City of Watertown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants* The City of Watertown and others, . from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 11th day of June, 1895, upon the verdict of a jury rendered after a trial at the Jefferson Circuit, and. also from an order bearing date the 6th day of June, 1895, and entered in said clerk’s office denying the defendants’motion for a new trial made upon the minutes.
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Appeal by the defendants* The City of Watertown and others, . from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Jefferson on the 11th day of June, 1895, upon the verdict of a jury rendered after a trial at the Jefferson Circuit, and. also from an order bearing date the 6th day of June, 1895, and entered in said clerk’s office denying the defendants’motion for a new trial made upon the minutes. The plaintiff brings this action to recover damages for personal injuries which she claims, to have sustained by reason of falling into…
1Opinion of the Court
Adams, J.:
The evidence contained in the record tends to prove that Washington street was one of the principal thoroughfares of the city of Watertown; that the sewer, at the point where the accident occurred, had been excavated to the depth of at least ten feet, and that it was from eight to ten feet in width.
It was conceded by one of the defendants when upon.the witness stand that there was no other point along its entire length which presented greater dangers to travelers; and there is no pretense that a watchman had been stationed there to warn people of the dangerous condition of the…
2Cases cited4 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Neddo v. Village of TiconderogaNew York Supreme Court · 1894
3Cited by10 opinions
- Weber v. Buffalo Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Osier v. the Consumers' CompanyIdaho Supreme Court · 1925
- Spencer v. Town of SardiniaAppellate Division of the Supreme Court of the State of New York · 1899
- Wolf v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Deming v. Terminal Railway of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
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