Wienke v. Village of North Tonawanda
New York Supreme Court
Appeal from circuit court, Niagara county. Action by Matilda Wienke against the village of North Tonawanda. From a judgment entered on a verdict in favor of the plaintiff, and from an order denying a motion for a new trial on the minutes of the court, defendant appeals. Affirmed.
1Opinion of the CourtDwight, P. J.
The action was for a bodily injury sustained by the plaintiff by reason of a fall from a sidewalk on one of the streets of the defendant. The defect complained of was the absence of a railing on the inside of the walk where the footway was elevated five feet and an inch above the surface of the ground. The plaintiff, a German woman of 30 years of age, was passing along the walk in the evening. The nearest street lamp was more than 90 feet distant, and there was no light from any building which illuminated the inner edge of the walk. She met at that point several men walking abreast or in a…
2Cases cited3 opinions
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Maxim v. Town of ChampionNew York Supreme Court · 1888
- Reid v. Town of RipleyNew York Supreme Court · 1891
3Cited by1 opinion
- Bank of America v. City of GlendaleCalifornia Supreme Court · 1935