Legal Opinion

Pomfrey v. . Village of Saratoga Springs

New York Court of Appeals

Decided March 1, 1887PublishedCited by 79 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial-department, entered upon an order made February 12, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial, (Reported below, 34 Hun, 607.) This action was brought to recover damages for Injuries sustained by plaintiff by reason of a fall upon a sidewalk in the village of Saratoga Springs from which the complaint…

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial-department, entered upon an order made February 12, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial, (Reported below, 34 Hun, 607.) This action was brought to recover damages for Injuries sustained by plaintiff by reason of a fall upon a sidewalk in the village of Saratoga Springs from which the complaint alleged defendant had negligently omitted to remove a dangerous accumulation of ice and snow. The facts are sufficiently…

1Opinion of the CourtEarl, J.

The plaintiff commenced this action to recover damages for injuries received by her from falling upon one of the sidewalks in the village of Saratoga Springs, on the 9th day of January, 1883. At that time, snow and ice had accumulated upon the sidewalk on the southerly side of Lake avenue, opposite the premises of one Andrews, until the embankment was about three feet thick above the surface of the ground, and two and one-half feet thick above the snow upon the sidewalk easterly and westerly of the premises mentioned. While she was passing along the sidewalk over this embankment she slipped…

2Cases cited4 opinions

  1. Brusso v. . City of BuffaloNew York Court of Appeals · 1882
  2. Cook v. . HarrisNew York Court of Appeals · 1875
  3. In Matter of Petition of BurmeisterNew York Court of Appeals · 1879
  4. The People v. . LoehfelmNew York Court of Appeals · 1886

3Cited by79 opinions

  1. Sutton v. City of SnohomishWashington Supreme Court · 1895
  2. Mosheuvel v. District of ColumbiaSupreme Court of the United States · 1903
  3. Williams v. . City of New YorkNew York Court of Appeals · 1915
  4. Moore v. City of RichmondSupreme Court of Virginia · 1888
  5. Gewirtz v. City of Long BeachNew York Supreme Court · 1972

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