Requa v. . the City of Rochester
New York Court of Appeals
Appeal frcim the judgment of the late General Term of the Supreme Court, in the Seventh district, ordered upon a verdict for the plaintiff, at the Monroe circuit. This was an action to recover damages for the negligence of the defendant, in permitting a bridge to continue out of repair. The bridge was situated opposite the head of an alley which led into Clark street, in Rochester, and was within the line of the street.
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Appeal frcim the judgment of the late General Term of the Supreme Court, in the Seventh district, ordered upon a verdict for the plaintiff, at the Monroe circuit. This was an action to recover damages for the negligence of the defendant, in permitting a bridge to continue out of repair. The bridge was situated opposite the head of an alley which led into Clark street, in Rochester, and was within the line of the street. This alley was in a thickly-populated part of the city, and was several feet higher than the street, and gradually sloped down to it; a gutter was formed in Clark street, by…
1Opinion of the CourtFolgeb, J.
We have no difficulty in holding, with the learned judge who presided at the circuit, that no such state of facts had been shown, when the plaintiff rested, as would warrant him in taking from the jury, and disposing as a question of law, of the defendant’s proposition that contributory negligence was imputable to the plaintiff. The only circum- ■ stance which would at all have justified that course was, that the plaintiff had been shown to have imperfect eyesight. But it was not so imperfect but that he could and did drive through other streets of the city, with a reasonable assurance of…
2Cases cited7 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Davenport v. . RuckmanNew York Court of Appeals · 1868
- Mayor v. SheffieldSupreme Court of the United States · 1867
- Heacock v. ShermanNew York Supreme Court · 1835
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3Cited by62 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
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- City of Delphi v. LoweryIndiana Supreme Court · 1881
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
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