Mosey v. City of Troy
New York Supreme Court
APPEAL by the defendant from a judgment entered upon the verdict of a jury, in favor of the plaintiff, and from an order denying a motion for a new trial.
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APPEAL by the defendant from a judgment entered upon the verdict of a jury, in favor of the plaintiff, and from an order denying a motion for a new trial. The action was brought to recover damages for an injury sustained by the plaintiff by falling upon a sidewalk in the city of Troy, in January 1870. The plaintiff, a resident of Vermont, while visiting at Troy, had occasion to pass along -River street, and in so doing stepped upon an “ icy place” on the sidewalk, fell and fractured her thigh. The defendant, the city of Troy, is a municipal corporation, incorporated in pursuance of an act of…
1Opinion of the Court
By the Court, Parker, J.
This case differs from that of Durkin v. The City of Troy,(a) which was argued with it, and in which we have just granted a new trial, in this, that here is evidence tending to show that the ice upon which the plaintiff fell was an accumulation from the freezing of water flowing from a house conductor upon the sidewalk, and extending entirely across it.; that it had remained there long enough to warrant the jury in attributing negligence to the defendant for its continuance, and at the time of the accident it was covered with a light fall of snow, which covered the ice…
2Cases cited1 opinion
- Clark v. City of LockportNew York Supreme Court · 1867