Legal Opinion

Alexander v. Eldred

New York Court of Appeals

Decided November 20, 1984PublishedCited by 161 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Cooke.

One who is injured in a traffic accident can recover against a municipality if it is shown that its failure to *464install a traffic control or warning device was negligent under the circumstances, that this omission was a contributing cause of the mishap, and that there was no reasonable basis for the municipality’s inaction. As plaintiff here has satisfied his burden of establishing these factors, he is entitled to damages against defendant City of Ithaca.

On this appeal challenging the sufficiency of the evidence to support a verdict for plaintiff, as often…

2Cases cited9 opinions

  1. Cohen v. Hallmark Cards, Inc.New York Court of Appeals · 1978
  2. Weiss v. FoteNew York Court of Appeals · 1960
  3. Blum v. Fresh Grown Preserve Corp.New York Court of Appeals · 1944
  4. Tomassi v. Town of UnionNew York Court of Appeals · 1978
  5. Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966

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3Cited by161 opinions

  1. Hill v. St. Clare's HospitalNew York Court of Appeals · 1986
  2. Friedman v. State of New YorkNew York Court of Appeals · 1986
  3. Poirier v. City of SchenectadyNew York Court of Appeals · 1995
  4. Ernest v. Red Creek Central School DistrictNew York Court of Appeals · 1999
  5. Turturro ex rel. Turturro v. City of New YorkNew York Court of Appeals · 2016

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