Legal Opinion

Cole v. Trustees of Medina

New York Supreme Court

Decided May 17, 1858PublishedCited by 7 opinions

ÍT September, 1856, the plaintiff, while walking upon the sidewalk, in Mill street, in the village of Medina, late in the evening, stepped into an opening between the planks and fell, and her leg and ankle were broken. This action was brought to recover damages for such injury.

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ÍT September, 1856, the plaintiff, while walking upon the sidewalk, in Mill street, in the village of Medina, late in the evening, stepped into an opening between the planks and fell, and her leg and ankle were broken. This action was brought to recover damages for such injury. It was proved that the sidewalk, along Mill street, was built in 1853, by the owners of the adjoining lots, in pursuance of an ordinance of the trustees of the village, requiring such sidewalk to be constructed. It was also found that the sidewalk, at the time of the injury, was much out of repair, and evidence was…

1Opinion of the Court

By the Court, Marvin, J.

The legislature, on the 10th of April, 1855, passed an act revising and amending the act of 1837, incorporating the village of Medina. The trustees of the village, among other powers, are authorized to pro*219vide for and open streets, and regulate the grading, paving, repairing and improving the same; to compel the owners of lots and grounds to construct sidewalks in front thereof, and to cover them with plank, or flag them with hrick or stone, and keep the same in repair, and clear from snow or other obstruction. (Sess. Laws of 1855, p. 483, § 8.) The trustees are…

2Cases cited1 opinion

  1. Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by7 opinions

  1. Mills v. . City of BrooklynNew York Court of Appeals · 1865
  2. Peck v. Village of BataviaNew York Supreme Court · 1860
  3. City of Little Rock v. WillisSupreme Court of Arkansas · 1872
  4. Davenport v. RuckmanThe Superior Court of New York City · 1862
  5. Tarbutton v. Town of TennilleSupreme Court of Georgia · 1900

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