Keane v. Village of Waterford
New York Supreme Court
Appeal from circuit court, Saratoga county. The action was to recover damages for injuries resulting from plaintiff’s fall upon an icy sidewalk in the village of Waterford. The plaintiff was' walking upon the sidewalk on the north side of Broad street, about 7 o’clock in the evening, when she suddenly slipped upon the ice, fell, and received serious injuries. The place where she fell was in frontof a hotelkept by one Worthington.
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Appeal from circuit court, Saratoga county. The action was to recover damages for injuries resulting from plaintiff’s fall upon an icy sidewalk in the village of Waterford. The plaintiff was' walking upon the sidewalk on the north side of Broad street, about 7 o’clock in the evening, when she suddenly slipped upon the ice, fell, and received serious injuries. The place where she fell was in frontof a hotelkept by one Worthington. The floor of the piazza of the hotel projected over the sidewalk four feet, and the eaves of the roof of the piazza projected eight to ten inches further than the…
1Opinion of the CourtLand'on, J.
We cannot say, as a matter of law, that the plaintiff was not entitled to recover. The court, in response to the various requests of the defendant, charged that the plaintiff could not recover if she slipped upon ice formed from water dripping from the melting snow on the piazza roof, orfrom snow or sleet which fell on the 21st, 22d, or 23d of January, or from newr ice upon an old snow or ice ridge. The defendant made 27 requests. As we understand them, and the responses to them, the defendant was given the benefit of every aspect of the evidence which could, upon any construction of it,…
2Cases cited7 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Kaveny v. . the City of TroyNew York Court of Appeals · 1888
- Kinney v. . the City of TroyNew York Court of Appeals · 1888
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