Hatch v. City of Elmira
Appellate Division of the Supreme Court of the State of New York
' Appeal by the defendant, The City of Elmira, from a, judgment of the Supreme Court in favor of the plaintiff, entered in the office of tiie clerk of the county of Chemung on the 9th day of May, 1910, upon the verdict of a jury for $1,200, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is to recover damages for injuries received from falling on an icy sidewalk. The plaintiff proved that ice and snow had been allowed to accumulate upon a sidewalk in the defendant city for some period of time. It had snowed and rained and frozen at intervals, and from the description given as to the condition of the walk it would appear that pedestrians had made footprints in the slush which had frozen. The plaintiff herself describes the walk as “lumpy” and “humpy” all over its surface. The proof is that these humps were from one to two inches in height. There was no…
2Cases cited3 opinions
- Kopper v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1906
- Kopper v. . City of YonkersNew York Court of Appeals · 1907
- Powers v. Village of MoraviaAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by2 opinions
- Berger v. Salt Lake CityUtah Supreme Court · 1920
- Egan v. Village of EastwoodAppellate Division of the Supreme Court of the State of New York · 1924