Van Gorder v. Village of Seneca Falls

Defendant moves for a new trial on the ground that defendant owed plaintiff no duty, and hence is not liable in damages for the condition of the street or walk where plaintiff was injured.

Defendant relies on this motion upon Cole v. Trustees of Medina, 27 Barb. 218, holding in the language of Judge Marvin:

“In short, there is no imperative duty imposed by the act upon the village or trustees to make or repair sidewalks or to cause them to be made or repaired.”

Defendant insists that the building of the sidewalk was a matter of discretion as an exercise of judicial functions for which defendant…