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Ayres v. Village of Hammondsport

Court of Appeals of the State of New York
Dec 22, 1891
29 N.E. 265 (N.Y. 1891)

Summary

In Ayres v. Village of Hammondsport the plaintiff fell upon new ice, formed the night before, over an old accumulation of ice and snow, upon a sidewalk in one of defendant's streets, which had been negligently constructed. It was held, in an action to recover damages for personal injuries sustained by slipping and falling, that in the absence of evidence showing that the slope of the walk was a concurring cause of the fall, without which it would not have happened, the plaintiff was not entitled to recover.

Summary of this case from Rusk v. Manhattan Railway Co.

Opinion

Argued December 2, 1891

Decided December 22, 1891

James H. Stephens for appellant.

J.F. Parkhurst for respondent.



BROWN, J., reads for reversal.

All concur, except BRADLEY, J., not voting.

Judgment reversed.


Summaries of

Ayres v. Village of Hammondsport

Court of Appeals of the State of New York
Dec 22, 1891
29 N.E. 265 (N.Y. 1891)

In Ayres v. Village of Hammondsport the plaintiff fell upon new ice, formed the night before, over an old accumulation of ice and snow, upon a sidewalk in one of defendant's streets, which had been negligently constructed. It was held, in an action to recover damages for personal injuries sustained by slipping and falling, that in the absence of evidence showing that the slope of the walk was a concurring cause of the fall, without which it would not have happened, the plaintiff was not entitled to recover.

Summary of this case from Rusk v. Manhattan Railway Co.
Case details for

Ayres v. Village of Hammondsport

Case Details

Full title:ROMEYN B. AYRES, Respondent, v . THE VILLAGE OF HAMMONDSPORT, Appellant

Court:Court of Appeals of the State of New York

Date published: Dec 22, 1891

Citations

29 N.E. 265 (N.Y. 1891)
29 N.E. 265
41 N.Y. St. Rptr. 692

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