Twogood v. . Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made June 25, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made June 25, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been-caused by defendant’s,negligence in failing to remove an accumulation of ice and snow from a sidewalk of one of its streets. Plaintiff in passing over the. walk fell and broke her arm. The further facts material to the question discussed…
1Opinion of the CourtAndrews, J.
The defense was placed on two grounds, the negligence of the plaintiff and the absence of negligence on the part of the defendant. The trial judge submitted both questions to the jury, who found a general verdict for the defendant. It is impossible to say whether the jury found for the defendant on both issues, or only on the issue of the defendant’s negligence. It is claimed that upon the uncontroverted facts the plaintiff was negligent in venturing upon the walk in its icy condition, when she could have avoided all danger by go ing upon the walk upon the other side of the street, which was…
2Cases cited2 opinions
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
3Cited by17 opinions
- Williams v. . City of New YorkNew York Court of Appeals · 1915
- Leonard v. City of ButteMontana Supreme Court · 1901
- Kelley v. CurtissNew Jersey Superior Court Appellate Division · 1954
- City of Columbus v. OgletreeSupreme Court of Georgia · 1895
- Cesario v. ChiapparineAppellate Division of the Supreme Court of the State of New York · 1964
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