180 A.D. 224 | N.Y. App. Div. | 1917
Plaintiff sued to recover for a fall and fracture of the left wrist, on the 29th day of Séptember, 1916, charging negligence of the village of North Tarrytown in permitting wet leaves to lie upon the sidewalk of Washington street in that village.
Plaintiff daily used this walk, overhung by shade trees along both sides. Leaves from these trees had remained on this sidewalk for about ten days, in some parts to a depth of seven inches. About noon of the day of the accident rain began. Plaintiff Slipped and fell about three p. m.
May negligence be attributed to the village for failing to remove these leaves?
Defendant is not an insurer of the safety of persons traveling its streets, nor is it bound to furnish an absolutely safe and proper highway under all circumstances. (Hubbell
A village is not liable for an injury from wet leaves, where the sidewalk had no defect, and nothing indicating negligence appeared, beyond a walk made slippery by leaves moistened' by one or two hours of rain.
The judgment and order of the County Court of Westchester county should, therefore, be reversed, and the complaint dismissed, with costs.
Jenks, P. J., Thomas, Rich and Blackmar, JJ., concurred.
Judgment and order of the County Court of Westchester county reversed, and complaint unanimously dismissed, with costs.