Carroll v. City of Binghamton

Appellate Division of the Supreme Court of New York

Carroll v. City of Binghamton

258 A.D. 1023, 17 N.Y.S.2d 56, 1940 N.Y. App. Div. LEXIS 8673

Appellate Division of the Supreme Court of the State of New York·Decided January 24, 1940·Published

Opinion

Plaintiff has recovered a judgment against the owner of real property adjacent to a public sidewalk and against the city. The recovery was had upon the theory that the landowner in cutting the trees created a dangerous and unsafe condition which the city permitted to continue. The evidence presented a question of fact which is resolved in favor of the plaintiff. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Poster, JJ.

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Plaintiff has recovered a judgment against the owner of real property adjacent to a public sidewalk and against the city. The recovery was had upon the theory that the landowner in cutting the trees created a dangerous and unsafe condition which the city permitted to continue. The evidence presented a question of fact which is resolved in favor of the plaintiff. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Poster, JJ.

Carroll v. City of Binghamton, 258 A.D. 1023, 17 N.Y.S.2d 56, 1940 N.Y. App. Div. LEXIS 8673 (N.Y. Ct. App. 1940).

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258 A.D. 1023 (Carroll v. City of Binghamton) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.