Powers v. Village of Moravia
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Moravia, from a judgment of the Supreme Court in favor of the plaintiff, entered in, the office of the clerk of the county of Cayuga on the 1st day of August, 1907, upon the verdict of a jury for $2,000, and also from an order entered in said clerk’s office on the' 1st day of August, 1907 denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, J.:
The proof tends to show, and the jury was justified in -finding, that the plaintiff fell and was injured on .the -sidewalk in question *192through the negligence of the officers of the defendant in permitting the conduits or sluiceways "for conducting surface water and surplus water from a watering trough to become clogged, thus causing it to run across to the opposite side of the street and over the sidewalk, forming a ridge of ice, where the plaintiff fell and received her injuries.
The mere fact that it froze during the night before the accident, and that the danger was increased by a…
2Cases cited3 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Kopper v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1906
- Kopper v. . City of YonkersNew York Court of Appeals · 1907
3Cited by3 opinions
- Feinblum v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
- Dack v. Trustees of Peekskill Military AcademyAppellate Division of the Supreme Court of the State of New York · 1936
- Hatch v. City of ElmiraAppellate Division of the Supreme Court of the State of New York · 1911