Forsyth v. City of Oswego
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Oswego, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 22d day of January, 1906, upon the verdict of a jury for $200, and also from ail order entered in said clerk’s office on the 19th day of January, 1906, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The City of Oswego, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 22d day of January, 1906, upon the verdict of a jury for $200, and also from ail order entered in said clerk’s office on the 19th day of January, 1906, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 29th day of August, 1903, to recover damages for injuries sustained by the plaintiff by being thrown from a wagon while riding on one of defendant’s streets on the…
1Dissent
Kruse, J. (dissenting):
The action is for negligence, and is brought by the plaintiff to recover damages for personal injuries alleged to have been sustained by him on the night of December 24, 1902, while driving along East Ninth and a Half street, in the city of Oswego, by being thrown from the wagon, owing to the defective condition of the street, the particular defect being a large boulder, whereby the street was made dangerous, and permitted to remain in that condition by the defendant for so long a time and under such circumstances as to make the defendant guilty of negligence,, which is…
2Cases cited2 opinions
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- De Vore v. City of AuburnAppellate Division of the Supreme Court of the State of New York · 1901