Legal Opinion

Moroney v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided March 8, 1907PublishedCited by 12 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 21st day of February, 1906, upon the verdict of a jury for $500, and also'from an order entered in said clerk’s office on the 19th day of March, 1906, "denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Judgment' and order affirmed, with costs, on the opinion of Mr Justice Kelly at Trial Term.

Hirschberg, P. J., Woodward" and Miller, JJ., concurred ; Gather, J., read for reversal, with whom High, J., concurred.

The following is the opinion of Mr. Justice Kelly delivered at Trial Term:

Kelly, J.:

The plaintiff sued to recover damages sustained, as she alleged, through the negligence of the defendant in failing to keep the sidewalk in reasonably safe condition. She testified that while walking east on the north side of Forty-first street, in the borough of Brooklyn, on the' evening of November 3,…

2Cases cited3 opinions

  1. Beltz v. . City of YonkersNew York Court of Appeals · 1895
  2. Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
  3. Farrell v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900

3Cited by12 opinions

  1. District of Columbia v. WilliamsDistrict of Columbia Court of Appeals · 1946
  2. Maloney v. City of Grand ForksNorth Dakota Supreme Court · 1944
  3. Moshier v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
  4. Merwin v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1916
  5. Corbin v. City of HuntingtonWest Virginia Supreme Court · 1917

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