Kaveny v. City of Troy

New York Supreme Court

Kaveny v. City of Troy

13 N.Y.S. 213, 36 N.Y. St. Rep. 703, 1891 N.Y. Misc. LEXIS 1037

DecidedFebruary 18, 1891

StatusPublished

This text of 13 N.Y.S. 213 (Kaveny v. City of Troy) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kaveny v. City of Troy, 13 N.Y.S. 213, 36 N.Y. St. Rep. 703, 1891 N.Y. Misc. LEXIS 1037 (N.Y. Super. Ct. 1891).

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Opinion

Landon, J.

The appellant claims that she has made a better case than that upon which the court of appeals held that she was not entitled to recover. 108 N. Y. 571, 15 N. E. Rep. 726. Some evidence was given tending to show that at a point in the sidewalk near where she fell two small [214]*214flag-stones lay side by side, an inner and an outer one, the, first declining slightly in grade from the middle of the walk to the piazza of the hotel, and the second from the middle of the walk to the curb-stone, thus forming a ridge in the walk; that the water dripped from the piazza roof upon these stones, and froze, thus adding a ridge of ice to the ridge formed by the flagstones. The ridge formed by the flag-stones, if any, was too slight to be termed a substantial defect in the walk, and the real difficulty was in the snow and ice, as to which the testimony is the same now as upon the former appeal. Besides, it does not appear that the appellant fell upon these two flag-stones. Judgment affirmed, with costs.

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Landon, J.

The appellant claims that she has made a better case than that upon which the court of appeals held that she was not entitled to recover. 108 N. Y. 571, 15 N. E. Rep. 726. Some evidence was given tending to show that at a point in the sidewalk near where she fell two small [214]*214flag-stones lay side by side, an inner and an outer one, the, first declining slightly in grade from the middle of the walk to the piazza of the hotel, and the second from the middle of the walk to the curb-stone, thus forming a ridge in the walk; that the water dripped from the piazza roof upon these stones, and froze, thus adding a ridge of ice to the ridge formed by the flagstones. The ridge formed by the flag-stones, if any, was too slight to be termed a substantial defect in the walk, and the real difficulty was in the snow and ice, as to which the testimony is the same now as upon the former appeal. Besides, it does not appear that the appellant fell upon these two flag-stones. Judgment affirmed, with costs.

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Bluebook (online)

13 N.Y.S. 213, 36 N.Y. St. Rep. 703, 1891 N.Y. Misc. LEXIS 1037, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaveny-v-city-of-troy-nysupct-1891.

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