McPherson v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Buffalo, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 30th day of April, 1896, upon the verdict of a jury for $615.50, and also from air order entered in said clerk’s office'on the 2d day of .May, 1896, denying the defendant’s motion for a new trial made upon the minutes; On the 23d of February, 1895, about eight o’clock in the evening, while plaintiff was…
Read the full summary
Appeal by the defendant, The City of Buffalo, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 30th day of April, 1896, upon the verdict of a jury for $615.50, and also from air order entered in said clerk’s office'on the 2d day of .May, 1896, denying the defendant’s motion for a new trial made upon the minutes; On the 23d of February, 1895, about eight o’clock in the evening, while plaintiff was walking along on the sidewalk on the south side of West Ferry street, between Delaware avenue and Elmwood avenue,…
1Opinion of the Court
Hardin, P. J.:
To sustain the allegations of the complaint the plaintiff produced evidence tending to show that there was an accumulation of ice and snow along the walk at the point where he received the injury of which he complains. The evidence relating to the condition of the walk is very similar to that produced at the Circuit held by inc where the case of Evans v. The City of Utica (69 N. Y. 166) was on trial. In that case it was said by the Court of Appeals, viz.: “ The question whether the plaintiff was chargeable with contributory negligence was a question of fact which was properly…
2Cases cited5 opinions
- Bullock v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1885
- Harrington v. . City of BuffaloNew York Court of Appeals · 1890
- Evans v. . City of UticaNew York Court of Appeals · 1877
- Kinney v. . the City of TroyNew York Court of Appeals · 1888
- Durr v. Village of Green IslandNew York Supreme Court · 1893
3Cited by3 opinions
- Beck v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Richardson v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1899
- O'Brien v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1898