Johnson v. Village of Glens Falls — 41 N.Y. St. Rep. 820

Majority

p. 820

Patrick Johnson, Appl’t, v. The Village of Glens Falls, Resp’t.

(Supreme Court, General Term, Third Department,

Filed November 30, 1891.)

Headnote

Negligence—lev sidewalk—New ice.

For many days prior to and at the time of an accident snow and ice had" remained upon a village sidewalk. This had become rounded at the center of the walk. Upon the night before the accident snow and sleet fell,. and soon froze. The plaintifE, walking carefully upon said walk upon the next afternoon, fell and was injured. Held, that as he fell because of the new ice the village was not liable, even though the old ice; might have contributed to the result.

p. 821

Appeal from a judgment of nonsuit and for costs in favor of the defendant, directed by the court upon the trial before a jury at the Warren circuit September, 1889.

J. S. L’Amoreaux, for app’lt; R. L. Hand, for resp’t.

On the afternoon of January 17,1884, the plaintiff, while carefully walking on an icy sidewalk on the west side of Church street in the village of Glens Falls, slipped because of the icy condition of the walk, fell, and was injured. For many days prior to January 17th, and up to that day, ice and snow having accumulated upon the sidewalk, were suffered to remain there, and had become rounded and ridgy along the center of the walk. On the night of the 16th of January snow and sleet fell to the depth of from two to four inches and then froze, covering this street and all the others in the village with a hard crust of ice. None of this ice had been removed from the sidewalk where plaintiff fell. The case then stands thus: The plaintiff fell on the fresh ice, as to which the defendant was not chargeable with negligence. Whether the old snow and ice, as to which the defendant might have been charged with negligenpe, contributed to his fall, the jury did not know and were not at liberty to guess. Taylor v. City of Yonkers, 105 N. Y., 202 ; 7 St. Rep., 332 , requires an affirmance.

Judgment affirmed, with costs.

Learned, P. J., and Mayham, J., concur.