De Vore v. City of Auburn
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, John M. De Yore, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon a nonsuit granted by the court after a trial at the Cayuga Trial Term.
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Motion by the plaintiff, John M. De Yore, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon a nonsuit granted by the court after a trial at the Cayuga Trial Term. The action was commenced on the 14th day of September, 1896, to recover damages against the defendant for its alleged negligence in permitting a. sidewalk upon one of its public streets to be and remain in a defective and dangerous condition, by reason of which the plaintiff, on the 23d day of July, 1896, fell and sustained injury. ' The defendant, by its…
1Opinion of the Court
McLennan, J.:
The evidence presented a question of fact as to whether or not the sidewalk in question was defective, whether its condition was known, or ought to have been known, by the defendant in the exercise of ordinary care and prudence, and also as to whether or not the plaintiff was free from contributory negligence. The motion for nonsuit was granted upon the sole ground that there was no proof that the plaintiff had filed ivith the city clerk a written notice of intention to commence an action against the defendant to enforce his claim within sixty days after the happening of the…
2Cases cited3 opinions
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- Babcock v. Mayor of New YorkNew York Supreme Court · 1890
3Cited by5 opinions
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- De Vore v. City of AuburnAppellate Division of the Supreme Court of the State of New York · 1901
- Eggleston v. Town of ChautauquaAppellate Division of the Supreme Court of the State of New York · 1904
- Forsyth v. City of OswegoAppellate Division of the Supreme Court of the State of New York · 1906
- Sehl v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1903