Ibbeken v. City of New York

Appellate Terms of the Supreme Court of New York

Ibbeken v. City of New York

94 N.Y.S. 568

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 22, 1905

StatusPublished

Cited by1 cases

This text of 94 N.Y.S. 568 (Ibbeken v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ibbeken v. City of New York, 94 N.Y.S. 568 (N.Y. Ct. App. 1905).

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Opinion

SCOTT, P. J.

In my opinion, the defect in the sidewalk was not of sufficient gravity to justify a careful and prudent man in reasonably anticipating danger from its existence. It is only against danger which can or ought to be thus anticipated that the municipality is bound to guard. Beltz v. City of Yonkers, 148 N. Y. 67, 42 N. E. 401; Hamilton v. City of Buffalo, 173 N. Y. 72, 65 N. E. 944. Nor was it shown that the defect, such as it was, had existed long enough to reasonably charge the city with notice.

Judgments reversed and new trials granted, with costs to appellant to abide the event. All concur.

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SCOTT, P. J.

In my opinion, the defect in the sidewalk was not of sufficient gravity to justify a careful and prudent man in reasonably anticipating danger from its existence. It is only against danger which can or ought to be thus anticipated that the municipality is bound to guard. Beltz v. City of Yonkers, 148 N. Y. 67, 42 N. E. 401; Hamilton v. City of Buffalo, 173 N. Y. 72, 65 N. E. 944. Nor was it shown that the defect, such as it was, had existed long enough to reasonably charge the city with notice.

Judgments reversed and new trials granted, with costs to appellant to abide the event. All concur.

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Bluebook (online)

94 N.Y.S. 568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ibbeken-v-city-of-new-york-nyappterm-1905.

Opinion

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