Weston v. . City of Troy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order 'made July 2, 1892, which affirmed a judgment in favor of plaintiff entered u¡ion a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries received by plaintiff by falling on a sidewalk in the city of Troy. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order 'made July 2, 1892, which affirmed a judgment in favor of plaintiff entered u¡ion a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries received by plaintiff by falling on a sidewalk in the city of Troy. The facts, so far as material, are stated in the opinion. Tlie plaintiff was under obligation to show affirmatively that she did not, by any act or omission of her own, cause or contribute to the injury which…
1Opinion of the Court
Andrews, Ch. J.
It is a fundamental principle in the law of this state that, in an action for a personal injury based on negligence of the defendant, the absence of negligence on the part of the plaintiff, contributing to the injury, must be affirmatively shown by the plaintiff either by direct proof or by circumstances, and that no presumption arises from the mere happening of an injury and proof of negligence on the part of the defendant, that the plaintiff was free from blame. (Reynolds v. N. Y. C., etc., R. R. Co., 58 N. Y. 248.)
The plaintiff was injured by falling On a sidewalk in Troy in…
2Cases cited1 opinion
- Reynolds v. New York Central & Hudson River RailroadNew York Court of Appeals · 1874
3Cited by72 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Mosheuvel v. District of ColumbiaSupreme Court of the United States · 1903
- Williams v. . City of New YorkNew York Court of Appeals · 1915
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Chisholm v. . StateNew York Court of Appeals · 1894
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