Scott v. Village of Saratoga Springs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Tillage of Saratoga Springs, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 1st day of June, 1908, upon the verdict of a jury for $1,000, and also from an order made on the 28th day of May, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
The plaintiff has recovered judgment against the village for injuries received by him on account of the failure to keep and maintain the walks of the village in proper condition, he having' fallen over some flagstones placed upon the walk during its repair,. . and left there during the night without proper guard. It is unnecessary, to consider the question of defendant’s negligence, as the case properly turns upon the question whether the village, under its charter, can be made liable as defendant in an action for a failure to keep the walks and streets in repair. Chapter 506 of…
2Cases cited4 opinions
- People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
3Cited by11 opinions
- People ex rel. Qua v. GaffneyAppellate Division of the Supreme Court of the State of New York · 1911
- Scott v. . Village of Saratoga SpringsNew York Court of Appeals · 1910
- Becraft v. StrobelNew York Supreme Court · 1936
- In re O'ConnorNew York Supreme Court · 1943
- In re SposatoNew York Supreme Court · 1943
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