Legal Opinion

Stadelmann v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1908PublishedCited by 4 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 7th day of June, 1907, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 5th day of June, 1907, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hooker, J.:

One of the issues in this case is whether or not the place where the plaintiff was injured was a public highway, and hence whether there was any obligation on the part of the defendant to keep the same in reasonably safe condition for travel. The learned trial *353court submitted this question to the jury as one of fact. The jury found the fact in the plaintiff’s favor, and from a judgment entered upon its verdict the defendant has appealed to this court.

The locality was sparsely settled; there had been a road or way in existence for about ten years prior to the accident, which had…

2Cases cited2 opinions

  1. Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
  2. Schafer v. Mayor of New YorkNew York Court of Appeals · 1897

3Cited by4 opinions

  1. Trotter v. Town of GlenmoraLouisiana Court of Appeal · 1941
  2. Bonny v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
  3. Gillespie v. City of Los AngelesCalifornia Supreme Court · 1950
  4. Gillespie v. City of Los AngelesCalifornia Supreme Court · 1950

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