Terry v. . Village of Perry
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 8, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered February 8, 1909, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defect in this walk was so slight the defendant had no reason to apprehend that an accident would occur at that place, and was not a dangerous walk. (Butler v. Vil. of Oxford, 186 N. Y. 444; Beltz v. City of Yonkers, 148 N. Y. 70; Hamilton v. City of Buffalo, 173…
1Opinion of the CourtChase, J.
The defendant is a village municipal corporation containing about four thousand inhabitants and having about thirty-eight miles of sidewalk. The plaintiff fell on one of its sidewalks and sustained injuries, to recover damages for which this action is brought. The place where the accident occurred is in the principal part of the village. The sidewalk at that point is twelve feet wide and composed of three rows of cement blocks each having a surface measurement of four by four feet. Some months prior to the accident a sewer was constructed under the sidewalk at that point and thereafter one of…
2Cases cited7 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
- Gastel v. . City of New YorkNew York Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Faber v. . City of New YorkNew York Court of Appeals · 1915
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
- City of Phoenix v. WeedonArizona Supreme Court · 1950
- Cordish v. BloomCourt of Appeals of Maryland · 1921
38 more not listed; retrieve them via the Exa API.