FULLERTON v. CITY OF SCHENECTADY


285 A.D. 545 (1955)

Elsie S. Fullerton, Respondent, v. City of Schenectady, Appellant Walter A. Fullerton, Jr., Respondent, v. City of Schenectady, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 16, 1955.


Attorney(s) appearing for the Case

Charles Ward Brown, Corporation Counsel, for appellant.

James A. Leary, Walter A. Fullerton, Charles W. Aussicker, William L. Ford and Francis J. Keehan for respondents.

Donald A. Walsh for New York State Conference of Mayors, amicus curiæ.

BERGAN and IMRIE, JJ., concur with FOSTER, P. J.; COON, J., dissents, in an opinion in which Zeller, J., concurs.


FOSTER, P. J.

Respondents have judgments against the City of Schenectady for personal injuries and derivative damages, arising from a fall of the respondent Elsie S. Fullerton, which was caused by a defective sidewalk. As to the issues of negligence and contributory negligence we would without hesitation affirm the findings of the jury. The difficulty in these cases arises from a local law, adopted by the City...

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