McManus v. City of Watertown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Watertown, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county Of Jefferson on the 27th day of January, 1903, upon the verdict of a jury for $300, and also from an order entered in said clerk’s office on the 22d day of January, 1903,, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spring, J.:
The plaintiff claims to have fallen upon a ridge of ice February 14, 1902, on the sidewalk on Elizabeth street in the city of Water-town and sustained injuries for which she has recovered in this action. The negligence of the defendant and the plaintiff’s freedom from fault were questions of fact and have been disposed of by the jury in her favor.
The charter of the city of Watertown (Laws of 1897, chap. 760, § 296) provides that the city “ shall not be liable for the damage or injury sustained by any person in consequence of any sidewalk or crosswalk in said city being out of…
2Cases cited3 opinions
- Sprague v. . City of RochesterNew York Court of Appeals · 1899
- McNally v. . City of CohoesNew York Court of Appeals · 1891
- Smith v. City of RochesterNew York Supreme Court · 1894
3Cited by3 opinions
- Gregorius v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1910
- Casey v. Auburn Telephone Co.New York Supreme Court · 1911
- Procida v. City of New YorkNew York Court of Appeals · 1971