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.