Scanlon v. Village of Weedsport
Appellate Division of the Supreme Court of the State of New York
Motion for reargument and for leave to appeal to the Court of Appeals on questions to be certified to that court after a unanimous affirmance of a final judgment and order. Motion for reargument denied, and for leave to appeal to the court of appeals granted.
1Opinion of the CourtAdams, P. J.
In determining the appeal from the judgment and order we were of the opinion that this case presented simply a question of fact, and that within well-settled principles of law we ought not to interfere with the verdict rendered by the jury, inasmuch as the evidence was quite sufficient to uphold that verdict. It is true that the snow upon the sidewalk in question was the result of an unusually severe and prolonged storm, but it nevertheless appeared that many other walks in that immediate locality were entirely cleared of the snow which had fallen, within a reasonable time after the storm had…
2Cases cited4 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- Kaveny v. . the City of TroyNew York Court of Appeals · 1888
- Sciolina v. . Erie Preserving Co.New York Court of Appeals · 1896
3Cited by2 opinions
- Rogers v. City of RomeAppellate Division of the Supreme Court of the State of New York · 1904
- Klaus v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1903