Kinney v. . the City of Troy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 2, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below,, 38 Hun, 285.) This action was brought to recover damages for injuries resulting from a fall upon a sidewalk on one of defendant’s streets, upon which ice had formed, rendering it slippery. The further material facts are stated in the opinion.
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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 December 2, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. (Reported below,, 38 Hun, 285.) This action was brought to recover damages for injuries resulting from a fall upon a sidewalk on one of defendant’s streets, upon which ice had formed, rendering it slippery. The further material facts are stated in the opinion. At the close of plaintiffs testimony, and at the close of the evidence, defendant’s counsel moved for a nonsuit, which was…
1Opinion of the CourtDanforth, J.
That this city may be liable to a traveler for injuries occasioned by sidewalks unsafe in consequence of an accumulation of ice, is not to be questioned. (Todd v. City of Troy, 61 N. Y. 506.) But here there was no accumulation and it can scarcely be said there was unevenness at the place of the accident. On the contrary, the ice was all in one sheet, “ just alike,” and of recent formation. Three days before the sidewalk “ was all right.” It had been thawing the day before, and the day before that. The sidewalk itself was in good order. A city is not bound to keep its sidewalks absolutely free…
2Cases cited1 opinion
- Todd v. . City of TroyNew York Court of Appeals · 1875
3Cited by23 opinions
- Dupont v. . Village of Port ChesterNew York Court of Appeals · 1912
- Vonkey v. City of St. LouisSupreme Court of Missouri · 1909
- Evans v. City of ConcordiaSupreme Court of Kansas · 1906
- City of Waco v. DiamondTexas Commission of Appeals · 1933
- Osborne v. Village of North TarrytownAppellate Division of the Supreme Court of the State of New York · 1917
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