Taylor v. . City of Yonkers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the September term, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence in permitting a sidewalk upon one of its streets to become dangerous in consequence of an accumulation thereon of earth, snow and ice.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the September term, 1885, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence in permitting a sidewalk upon one of its streets to become dangerous in consequence of an accumulation thereon of earth, snow and ice. The material facts are stated in the opinion. The defendant is only liable for some neglect or omission of duty on its part…
1Opinion of the CourtFinch, J.
This case was submitted to the jury under instructions that a municipal corporation is bound to keep its sidewalks safe and convenient for the passage of the public, so far as reasonable diligence and the possession of adequate resources will allow; and the application of this rule to conditions resulting from the rigors and changes of a northern winter, and to two emergencies which frequently occur, was very fairly and justly discussed and limited. It often happens that in a single day or night, every street and sidewalk in a city or village is covered with a heavy fall of snow. It is not…
2Cases cited4 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Billings v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
- Moore v. Inhabitants of AbbotSupreme Judicial Court of Maine · 1850
3Cited by138 opinions
- Ali Pineda v. Hamilton Cty., OhioCourt of Appeals for the Sixth Circuit · 2020
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Valentine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
- McCracken v. Curwensville BoroughSupreme Court of Pennsylvania · 1932
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