Henry v. City of Saratoga Springs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, City of Saratoga Springs, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 14th day of July, 1915, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the 20th day of July, 1915, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Kirk, J.:
This is a negligence action. The jury have found in substance that the plaintiff fell and received his injuries on account of the negligence of the park commissioner of the village of Saratoga Springs; that no negligence on the part *828of the plaintiff contributed to his injuries; that the damage suffered by plaintiff is $2,000.
About ten o’clock in the evening of August 2, 1914, the plaintiff came out of Congress Park by the Congress street gate. There is a paved walk about eleven feet wide and about twelve feet long leading from said gate to the paved sidewalk along the easterly…
2Cases cited8 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Markey v. . County of QueensNew York Court of Appeals · 1898
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Scott v. . Village of Saratoga SpringsNew York Court of Appeals · 1910
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3Cited by2 opinions
- Metzroth v. City of New YorkNew York Court of Appeals · 1926
- Mitchell v. City of St. PaulSupreme Court of Minnesota · 1949