Dupont v. Village of Port Chester

123 N.Y.S. 1114 Court N.Y. App. Div. Decision date 1910-05-26 English

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Majority

p. 1114

DUPONT, Respondent, v. VILLAGE OF PORT CHESTER, Appellant.

(Supreme Court, Appellate Division, Second Department.

May 26, 1910.)

Headnote

Action by Marianne Dupont against the Village of Port Chester.

Judgment and order affirmed, with costs.

BURR, J., dissents, for the reason that the accident happened upon a sidewalk, and therefore defendant’s liability was not established. See Brennan v. City of New York, 130 App. Div. 267 , 114 N. Y. Supp. 578 .