Wands v. City of Schenectady
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The City of Schenectady and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 20th day of May, 1915, upon the verdict of a jury for $850, and also from an order entered in said clerk’s office on or about the same day denying defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
Howard, J.:
The plaintiff tripped over a water curb box while walking along on the sidewalk of one of the public streets of the city of Schenectady. She fell and was injured. This curb box did not stand in the concrete or paved part of the walk, but was located between the curb and the concrete. The complaint alleged nuisance and the case was tried on that theory. The facts brought it squarely within Hall v. Cooper Land Company decided by this court (139 App. Div. 922) and by the Court of Appeals (203 N. Y. 587). The evidence warranted the verdict and we find nothing demanding our…
2Cases cited3 opinions
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Hall v. . the Cooper Land CompanyNew York Court of Appeals · 1911
- Hall v. Cooper Land Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- Kinsey v. William Spencer & Son Corp.New York Supreme Court · 1937
- Abraham v. MackOregon Supreme Court · 1928
- Liebman v. County of WestchesterNew York Supreme Court · 1972
- Gilday v. HauchwitNew Jersey Superior Court Appellate Division · 1966
- Tenenbaum v. CohenAppellate Terms of the Supreme Court of New York · 1917
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