Crecelius v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Oreceliüs, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 22d day of April, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term, the court having set aside a verdict previously rendered by the jury in favor of the plaintiff for $600, and also from an order entered in said cleric’s office on the 8th day…
Read the full summary
Appeal by the plaintiff, Annie Oreceliüs, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 22d day of April, 1905, upon the dismissal of the complaint by direction of the court after a trial at the Queens County Trial Term, the court having set aside a verdict previously rendered by the jury in favor of the plaintiff for $600, and also from an order entered in said cleric’s office on the 8th day of April, 1905, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, P. J.:
The plaintiff was injured -by a fall upon the sidewalk. The sidewalk was irregularly covered with gravel or Broken stone, and had been in that condition for a long time. It is undisputed that the plaintiff knew of its condition, and her description as to how the accident occurred is limited to the statement that “ My foot slipped from under me on the gravel that was there.” No evidence on her part was given with reference to the degree of care which she was exercising or of any facts or circumstances from which an inference could be drawn that she was taking such precaution…
2Cases cited2 opinions
- Hoey v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Levy v. Grove Mills Paper Co.Appellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Bail v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1911
- Quereau v. Lehigh Valley R.District Court, N.D. New York · 1918
- Harris Structural Steel Co. v. ChapmanCity of New York Municipal Court · 1937
- Bail v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1911
- Crecelius v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
1 more not listed; retrieve them via the Exa API.