Legal Opinion

Miller v. City of New York

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

Decided April 15, 1905PublishedCited by 3 opinions

Appeal by the defendant, The City of ¡New York,from a judgment, of the Supreme Court in favor o¡f the plaintiff and against the said defendant, entered in' the office of the clerk of the'county of Ein^s on the 12th day of March, 1904, upon the verdict of a jury for $2,500, and also from an order entered! in said clerk’s office on the ■29th day of March, 1904, denying the-isaid defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Willard Barlett, J.:

In this action the plaintiff has recovered a verdict of $2,500 damages for injuries sustained by stepping into a hole in the paved roadway of a city street in the borough of Brooklyn, just after she had alighted from an electric car in the night time. It is argued that the hole was not of such a character as to make its permitted •existence negligence on the part of the municipality, under the authority of Hamilton v. City of Buffalo (173 N. Y. 72). In-that case it was held as. a matter of law .that a municipal corporation. ' - was .not chargeablé with negligence for…

2Cases cited1 opinion

  1. Hamilton v. . City of BuffaloNew York Court of Appeals · 1903

3Cited by3 opinions

  1. St. Louis S. F. R. Co. v. DaleSupreme Court of Oklahoma · 1912
  2. Saporito v. City of New YorkNew York Court of Appeals · 1964
  3. Alcantara v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2016

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