Kelley v. City of Oswego

Appellate Division of the Supreme Court of New York

Kelley v. City of Oswego

257 A.D. 1032, 13 N.Y.S.2d 645, 1939 N.Y. App. Div. LEXIS 8965

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 28, 1939

StatusPublished

This text of 257 A.D. 1032 (Kelley v. City of Oswego) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelley v. City of Oswego, 257 A.D. 1032, 13 N.Y.S.2d 645, 1939 N.Y. App. Div. LEXIS 8965 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding that the icy condition of the steps uncovered by the city’s employee whereby a dangerous condition was created by the city not later than the 27th day of January, 1938, was the condition which caused the plaintiff to fall a,t four-thirty o’clock in the afternoon of February first, was against the weight of the evidence when there is taken into consideration the weather conditions in the meantime, including a fall of more than four inches of snow and twenty-one hours with a temperature at all times above freezing during which eight one-hundredths of an inch of rain fell. All concur. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Judgment and order reversed on the facts and a new trial granted, with costs to the appellant to abide the event, on the ground that the finding that the icy condition of the steps uncovered by the city’s employee whereby a dangerous condition was created by the city not later than the 27th day of January, 1938, was the condition which caused the plaintiff to fall a,t four-thirty o’clock in the afternoon of February first, was against the weight of the evidence when there is taken into consideration the weather conditions in the meantime, including a fall of more than four inches of snow and twenty-one hours with a temperature at all times above freezing during which eight one-hundredths of an inch of rain fell. All concur. (The judgment is for plaintiff in a negligence action. The order denies a motion for a new trial.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

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Bluebook (online)

257 A.D. 1032, 13 N.Y.S.2d 645, 1939 N.Y. App. Div. LEXIS 8965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelley-v-city-of-oswego-nyappdiv-1939.