Evans v. . City of Utica
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by plaintiff, by falling upon one of defendant’s side walks, upon which the complaint alleged defendant had negligently allowed snow and ice to accumulate until it became unsafe.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by plaintiff, by falling upon one of defendant’s side walks, upon which the complaint alleged defendant had negligently allowed snow and ice to accumulate until it became unsafe. It appeared from plaintiff’s evidence, that the snow had not been removed from the portion of the side walk in question, but had…
1Opinion of the CourtMiller, J.
No error was committed by the judge in refusing the motion made by the defendant’s counsel to non-suit the plaintiff. The question whether the plaintiff was chargeable with contributory negligence, was a question of fact which was properly submitted to the consideration of the jury, and unless it is apparent that the finding of the jury was entirely unauthorized there is no valid reason for holding that there was any error in this respect. It is not the province of this court to review questions of fact, and if there was any evidence to warrant the conclusion that the plaintiff was not…
2Cited by30 opinions
- Williams v. . City of New YorkNew York Court of Appeals · 1915
- Village of Clayton v. BrooksIllinois Supreme Court · 1894
- Jordan v. City of SeattleWashington Supreme Court · 1901
- Cesario v. ChiapparineAppellate Division of the Supreme Court of the State of New York · 1964
- McKenzie v. City of NorthfieldSupreme Court of Minnesota · 1883
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