Warner v. Village of Randolph
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Randolph, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 10th day of June, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of June, 1896, denying' the defendant’s motion for a new trial made upon' the minutes. . . This action was brought to recover damages for. personal injuries alleged to have…
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Appeal by the defendant, The Village of Randolph, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 10th day of June, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of June, 1896, denying' the defendant’s motion for a new trial made upon' the minutes. . . This action was brought to recover damages for. personal injuries alleged to have been sustained by the plaintiff owing to the negligence of the defendant. .The jury rendered a verdict in favor of the…
1Opinion of the Court
Hardin, P. J.:
On the 19th day of April, 1893, about eleven p: m., the plaintiff arrived, by rail, at the depot in the village of the defendant. The night was dark and no street lights were maintained by the defendant at or near the bridge over the Conewango creek where the accident occurred. The plaintiff carried an umbrella and'a small bundle of soiled linen; he was accustomed to the location of the street, and usually passed along the south side thereof. On this occasion when *459he reached Main street from the depot he passed over to the north side of Main street, near Depot street, in order…
2Cases cited11 opinions
- Cowley v. . People of the State of New YorkNew York Court of Appeals · 1881
- Chisholm v. . StateNew York Court of Appeals · 1894
- Kaare v. Troy Steel & Iron Co.New York Court of Appeals · 1893
- Archer v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
- Murphy v. . City of BrooklynNew York Court of Appeals · 1890
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3Cited by2 opinions
- Leeds v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Rankert v. Town of JuniusAppellate Division of the Supreme Court of the State of New York · 1898