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Hooks v. City of Utica

129 N.Y.S. 1128 Court N.Y. App. Div. Decision date 1911-05-03 English

Contents

Majority

p. 1128
HOOKS, Respondent, v. CITY OF UTICA, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
May 3, 1911.)

Headnote

Action by Thomas J. Hooks against the City of Utica.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the evidence does not establish that plaintiff’s fall occurred because of any defect in, or defective condition of, defendant’s sidewalk, and that the verdict is excessive, in that plaintiff’s disturbed mental condition was not shown by sufficient and competent evidence to be the result -of his injury.