Frank v. Village of Warsaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Warsaw, from a judgment of the, Supreme Court in favor of the plaintiff,-entered in the office of the clerk of the county of Wyoming 'on the 7th day of March, 1906, upon the verdict of a jury for $7,500, and also from an order ^entered in said clerk’s office on the 9tli day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Village of Warsaw, from a judgment of the, Supreme Court in favor of the plaintiff,-entered in the office of the clerk of the county of Wyoming 'on the 7th day of March, 1906, upon the verdict of a jury for $7,500, and also from an order ^entered in said clerk’s office on the 9tli day of March, 1906, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff, a young man of twenty-eight years of age, was injured on the 16th - day of August, 1904, while walking along the sidewalk on the east side of Main street in the village of Warsaw, in…
1Opinion of the Court
Nash, J.:
The village of Warsaw is an incorporated village containing 3,300 inhabitants. Main street, its principal street, is six rods wide. In 1904 one Coloross owned a brick store of two stories with twenty feet frontage on the east side of that street, where he sold fruit, candies, nuts and popcorn. The front of the store contained plate glass windows. The sidewalk in front was ten feet seven inches in width and covered with a wooden awning supported by two columns resting on stone foundátíons at the outer edge of the walk. - ■
Coloross constructed the platform between these pillars' flush…
2Cases cited5 opinions
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Hunt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- Bieling v. . City of BrooklynNew York Court of Appeals · 1890
- Wells v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- Leary v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Murtha v. RidleyAppellate Division of the Supreme Court of the State of New York · 1921
- Frank v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1909