25 N.Y.S. 445 | N.Y. Sup. Ct. | 1893
Giving to the evidence the most favorable construction for the plaintiff it will bear, it fails, we think, to sustain the recovery. The accident happened upon the sidewalk upon the northerly side of Swan street, between Main and Washington streets, on the 17th day of February, 1892, at 11:30 in the morning, by the plaintiff falling upon ice on the walk, and fracturing her arm. The negligence complained of was in permitting the snow and ice to accumulate and lie upon the sidewalk. There was perhaps evidence enough to show that the ice had remained a suffi