Andrews v. City of Elmira
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Elmira, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Chemung on the 26th day of April, 1907, resettling an order denying the defendant’s motion for a new trial made upon the minutes, a jury having theretofore rendered a verdict in favor of the plaintiff for $1,200.
1Opinion of the Court
Chester, J. :
Although it was one of the controverted questions upon the trial, we may assume for the purposes of the appeal that the place where the plaintiff-was injured was a public street in the city of Elmira. It was on the outskirts of the city, in a neighborhood sparsely settled, unfenced and adjacent to a cornfield. There was a pathway at the side of the roadway made of ashes, and at the place where the accident happened the patli was from a foot to eighteen inches above the level of the roadway, and descended at an angle of about forty-five degrees, a distancé of about two feet to the…
2Cases cited2 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Deufel v. Long Island CityAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by4 opinions
- Thompson v. City of New YorkNew York Court of Appeals · 1991
- Ferrier v. City of White PlainsAppellate Division of the Supreme Court of the State of New York · 1941
- Schlicher v. City of New YorkNew York Supreme Court · 1940
- Champlain Stone & Sand Co. v. State of New YorkNew York Court of Claims · 1910