Lawton v. City of New York

Appellate Division of the Supreme Court of New York

Lawton v. City of New York

246 A.D. 731

Appellate Division of the Supreme Court of the State of New York·Decided December 15, 1935·Published

Opinion

Appeal from judgment dismissing complaint at the close of plaintiff’s case in action to recover damages for personal injuries claimed to be due to ice on a sidewalk, formed from water leaking from a city hydrant. Plaintiff was not guilty of contributory negligence as a matter of law. Facts were proved which required the submission of the case to the jury. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.

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Appeal from judgment dismissing complaint at the close of plaintiff’s case in action to recover damages for personal injuries claimed to be due to ice on a sidewalk, formed from water leaking from a city hydrant. Plaintiff was not guilty of contributory negligence as a matter of law. Facts were proved which required the submission of the case to the jury. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.

Lawton v. City of New York, 246 A.D. 731 (N.Y. Ct. App. 1935).

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246 A.D. 731 (Lawton v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.