Powers v. Village of Mechanicville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Mechanicville, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Saratoga on the 7th day of March, 1910, upon the verdict of a jury for $1,500, and also from an order entered in said clerk’s office on the 23d day of March, 1910, 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 sustained by falling on a sidewalk on one of the principal streets of the defendant village, and has resulted in a judgment against the defendant, from from which it appeals.
The defendant in installing its water system set an iron pipe shut-off water box in a brick sidewalk, the cap on top of which was three and three-quarters inches in diameter and projected three-quarters of an inch above the surface of the walk. The sidewalk was in front of a church property and about eleven feet wide and on its inner side had a cement coping six…
2Cases cited4 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Getzoff v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Moroney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Moroney v. . City of New YorkNew York Court of Appeals · 1908
3Cited by1 opinion
- Powers v. Village of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1914