AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

SHIRLEY SELTZER, an Infant, by PAULINE SELTZER, Her Guardian ad Litem, Respondent, v. CITY OF NEW YORK, Appellant.

In an action by an infant to recover damages for personal injuries, and by her mother for expenses and loss of services, in which the mother's cause of action was withdrawn on the trial, defendant appeals from a judgment in favor of the infant, entered on the verdict of a jury. Judgment, insofar as appealed from, reversed on the law, with costs, and the complaint dismissed on the law, with costs. The findings of fact implicit in the jury's verdict are affirmed. The injuries were received when plaintiff slipped and fell on ice on a crosswalk at a street intersection. Nine days before the accident occurred there was a heavy fall of snow and sleet, followed by rain and freezing weather. Plaintiff failed to show actionable negligence by defendant. ( Balzer v. City of New York, 279 N.Y. 742; Reutlinger v. City of New York, 281 N.Y. 592; Shyatt v. City of New York, 258 App. Div. 883, affd. 283 N.Y. 708; Taylor v. City of Yonkers, 105 N.Y. 202, 206; Egan v. City of New York, 175 App. Div. 358, and cases cited.) Close, P.J., Carswell, Johnston, Taylor and Lewis, JJ., concur.

Use AI to get other relevant cases.

Comments

SELTZER v. CITY OF NEW YORK
(Jun 28, 1943)