Brennan v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal hy the plaintiff, Sadie Brennan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on the 16tli day of June, 1908, dismissing the complaint, and also from an order entered in said clerk’s office on the 27th day of April, 1908, setting aside the verdict of a jury in favor of the plaintiff and granting a motion for a new trial made upon the minutes, and a motion to dismiss the complaint, decision…
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Appeal hy the plaintiff, Sadie Brennan, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Kings on the 16tli day of June, 1908, dismissing the complaint, and also from an order entered in said clerk’s office on the 27th day of April, 1908, setting aside the verdict of a jury in favor of the plaintiff and granting a motion for a new trial made upon the minutes, and a motion to dismiss the complaint, decision upon which had heen reserved until after the rendition of a verdict.
1Opinion of the Court
Gaynor, J.:
The plaintiff fell at the corner of Bridge and Nassau streets as she was crossing or about to cross Nassau street on the crosswalk. A judgment for her on a former trial was reversed (117 App. Div. 849). She got a verdict again, but the trial Judge set it aside, and this appeal is from his order.
' The plaintiff testified on the former trial that she “ slipped on the curb” and in that way fell down'upon the crosswalk, and was corroborated by two witnesses ; but there was no evidence of any snow or ice on the curb, or the sidewalk at the curb. On the presept trial she abandons her…
2Cases cited2 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Brennan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by11 opinions
- Williams v. . City of New YorkNew York Court of Appeals · 1915
- Weisner v. Mayor of RockvilleCourt of Appeals of Maryland · 1967
- O'Donnell v. City of ButteMontana Supreme Court · 1922
- Hooker v. Town of HanoverAppellate Division of the Supreme Court of the State of New York · 1936
- Egan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
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