Kortlang v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Mount Vernon, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 21st day of February, 1908, upon the verdict of a jury for $3,250, and also from an order entered in said clerk’s office on the 21st day of February, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
The ascertainment of the principles of law which must control the disposition of cases of this character is not difficult. An affirmative duty rests upon a municipality to keep its sidewalks reasonably free from accumulations of ice and snow, and the failure to act, after actual notice or after time sufficient to justify the inference of knowledge, presents a question of negligence for the jury’s *536consideration. (Keane v. Village of Waterford, 130 N. Y. 188; Beck v. City of Buffalo, 63 N. Y. Supp. 499.) If the city allow drains or leaky plumbing to discharge water across the…
2Cases cited3 opinions
- Keane v. Village of WaterfordNew York Court of Appeals · 1891
- Pymm v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Beck v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by4 opinions
- Valentine v. StateNew York Court of Claims · 1950
- Murray v. City of SpokaneWashington Supreme Court · 1921
- Wilson v. City of ClintonSupreme Court of Iowa · 1927
- Parks v. City of Des MoinesSupreme Court of Iowa · 1923