Harrington v. City of Buffalo

• Decision Date: 15 April 1890
• Citation: Harrington v. City of Buffalo , 121 N.Y. 147, 24 N.E. 186 (N.Y. 1890)
• Court: New York Court of Appeals Court of Appeals
• Parties: ELLEN HARRINGTON, Appellant, v. THE CITY OF BUFFALO, Respondent.

121 N.Y. 147

24 N.E. 186

HARRINGTON

v.CITY OF BUFFALO.¹

Court of Appeals of New York.

April 15, 1890.

Appeal from supreme court, general term, fifth department.

Frank C. Laughlin, for appellant.

Adelbert Moot, for respondent.

RUGER, C. J.

The plaintiff seeks to recover damages for injuries received by her in consequence of a fall on one of the streets of Buffalo, occasioned by the slipperiness of a sidewalk, which was alleged to have been left in a dangerous condition through the negligence of the defendant. The accident occurred about 5 o'clock P. M., on the 26th day of February. The evidence as to the condition of the sidewalk previous to the accident is exceedingly vague and unsatisfactory. In fact no witness, who then observed it, undertakes to give any definite description of its condition, except, in general terms, that it was slippery or in bad condition. Two witnesses, who saw it some time after the accident, attempt to describe its then general appearance, but fail to establish the existence of any dangerous condition. The plaintiff herself testifies: ‘There was lots of ice on the sidewalk at the time I fell down. I saw it. I don't know what made me go onto it. I never thought I would fall down. There was a pile of ice and snow together, and I never thought I would fall down. I knew there was ice and snow there. * * * As long as I know I am walking through snow and ice, and as long as I come to America, I am walking through snow and ice all the time.’ The most favorable statement of the evidence for the plaintiff is that a ridge or strip of ice and snow, about 6 inches in thickness in the center and 4 feet wide, sloping to the edge of the walk, extended longitudinally about 30 feet over a plank sidewalk whereon the plaintiff was walking. At some point on this walk, the particular place, whether in the center or at the sides, is not shown, the plaintiff slipped and fell, and injured herself. The evidence established the fact that for four days previous to the accident the weather had been warm, causing the snow and ice on the walk to thaw and become soft, wet, and sloppy. On the night previous to the accident the weather suddenly became colder, and the snow and slush in the streets froze hard, forming ice, and leaving foot-prints made during the previous sloppy weather plainly visible in the frozen deposit. In some places the owners of property adjoining the walk had cleaned off the snow; but at the place of the accident it had not for some weeks been entirely removed. Much of the snow falling during that time had passed off through the natural effect of the elements upon it; but the portion referred to was what remained of a much larger accumulation. The walk, as thus shown, presented no unusual appearance for cities in our uncertain and inclement climate, and caused no more objectionable obstacle to safe passage than frequently exists in cites and villages during the cold season. Whatever might have been its condition, so far as danger was to be...