Pymm v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff, Mary Pymm, from a judgment of the Supreme Court in. favor of the-defendant, entered in the office of the clerk of -the county of Kings on the 10th day of February, 1904, upon the dismissal of the complaint by direction of the court after a trial at the Kings County-.Trial Term, ahd also from an order entered in said clerk’s office tin the 9th day of March, 19Ó4, ' denying the plaintiff’s' motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
At the close of the evidence* the court dismissed the complaint on the ground that no negligence had been' shown against the city of New York on the theory that the board of education is- a separate corporation charged with the maintenance'of all school buildings and schoolhouses, and that the city of New York is not responsible for the acts of the educational department.
The evidence offered upon the trial tended to show that tin the 4th day of February, 1902,.the plaintiff, accompanied by her husband, - slipped and fell on ice which had accumulated on North Fifth street, near…
2Cases cited3 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
- Briggs v. BergenNew York Court of Appeals · 1861
3Cited by4 opinions
- Nichols v. Village of BuhlSupreme Court of Minnesota · 1922
- Owen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Kortlang v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1908
- Murray v. City of SpokaneWashington Supreme Court · 1921