Dupont v. . Village of Port Chester
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint of the plaintiff should have heen dismissed at the close of her case. The plaintiff failed to prove any negligence on the part of the defendant. (Brennan v. City of New York, 130 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The complaint of the plaintiff should have heen dismissed at the close of her case. The plaintiff failed to prove any negligence on the part of the defendant. (Brennan v. City of New York, 130 App. Div. 267; 197 N. Y. 544; Harrington v. City of Buffalo, 121 N. Y. 147; Kenney v. City of Troy, 108 N. Y. 567; Ayres v.…
1Opinion of the CourtChase, J.
The plaintiff, at about eleven o’clock on the night of December 23, 1904, fell while crossing over the brick pavement at the intersection of North Main and Adee streets in the' defendant village and received the injuries for which this action is brought. The sidewalks along the streets used by her were clear of snow and ice.
The plaintiff testified that in crossing the street she first stepped in water, then took three more steps when her feet went out from under her and she fell. She fur ther testified that so far as she observed the condition of the street between the curbs was all the same;…
2Cases cited9 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Kinney v. . the City of TroyNew York Court of Appeals · 1888
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3Cited by20 opinions
- Williams v. . City of New YorkNew York Court of Appeals · 1915
- Smith v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1951
- Ritter v. City of SheltonSupreme Court of Connecticut · 1927
- City of Rome v. PottsCourt of Appeals of Georgia · 1932
- Weisner v. Mayor of RockvilleCourt of Appeals of Maryland · 1967
15 more not listed; retrieve them via the Exa API.