Same case, 65 NYS 939. Trial court granted judgment for the plaintiff. Reversed again with another new trial granted.
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| Morrison v. City of Syracuse, 61 NYS 313 (1899). The plaintiff bicyclist was injured while riding on a sidewalk. The ground was low, with the walk being at least 8 inches above the ground. The walk was 4 feet wide. At the corner at an intersection, the walk was sunken about 8 inches on the inner side, with the outer side being level with the intersecting walk. The sinking had been caused by washing out the foundations of the walk at that place, and it had been that way several months. The plaintiff, unable to see the depression because of pedestrian traffic and weeds growing by the walk, hit the depression, was thrown from the bicycle and injured. The City was bound the have sidewalks reasonably safe only for pedestrians, and the plaintiff had permission to bicycle on the sidewalk with a nominal fee paid. The trial court granted judgment for the plaintiff; this was reversed with a new trial granted. Same case, 65 NYS 939. Trial court granted judgment for the plaintiff. Reversed again with another new trial granted. |
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