Rogers v. City of Rome
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Rome, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 28th day of October, 1903, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 4th day of November, 1903, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The City of Rome, from, a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oneida on the 28th day of October, 1903, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 4th day of November, 1903, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 9th day of June, 1903, to recover damages for injuries sustained by the plaintiff by falling upon one of the defendant’s sidewalks, alleged to have been caused through…
1Opinion of the Court
McLennan, P. J.:
The plaintiff sustained the injuries of which he complains (which concededly were serious) at about seven-fifteen o’clock in the evening on December 22, 1902, by slipping and falling upon the sidewalk on the northerly side of West Dominick street, one of the principal streets in the defendant city. The accident occurred in front of Russel & Waller’s store, one of the chief business places in the city. At the place of the accident, and extending for a considerable distance in either direction, the sidewalk was twenty feet wide, was composed of solid flagstone, and was level and…
2Cases cited9 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Durkin v. City of TroyNew York Supreme Court · 1872
- Keane v. Village of WaterfordNew York Court of Appeals · 1891
- Beck v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Kling v. City of BuffaloNew York Supreme Court · 1893
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3Cited by2 opinions
- City of Richmond v. MasonSupreme Court of Virginia · 1909
- McDermott v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1912