Reutlinger v. City of New York
| Decision Date | 19 June 1939 |
| Citation | 281 N.Y. 592,22 N.E.2d 165 |
| Parties | Margaret M. REUTLINGER, Appellant, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department, 255 App.Div. 848, 7 N.Y.S.2d 1021.
Action by Margaret Mary Reutlinger against the City of New York to recover damages for injuries sustained on February 1, 1935, when plaintiff slipped and fell on an icy sidewalk while crossing an island at the intersection of Riverside Drive and Staff Street in New York City. The ice on which plaintiff slipped was part of the residue of a three day blizzard of January 22, 23, and 24, and the undisputed testimony showed that at the very moment of the accident the city still had an army of over 50,000 men at work combating the consequences of the blizzard while the thermometer stood at 19 degrees below freezing.
Plaintiff testified that at the time of the accident the small island where she fell was covered with about 2 inches of ice which was heavy looking, dirty looking, bumpy and rough, that the street itself was covered with ice, and that there were small spots of ice on other sidewalks in the vicinity. A witness for defendant testified that not only had the bulk of the snow been removed from the point in question shortly after the storm but that the city's employees had then spread ashes obtained from a nearby apartment house of which the witness was the superintendent over whatever snow and ice could not be removed.
From a judgment of the Appellate Division, 255 App.Div. 848, 7 N.Y.S.2d 1021, reversing a judgment for plaintiff and directing judgment for defendant on the ground that no actionable negligence on the part of the defendant was shown, plaintiff appeals.
Affirmed.Samuel Seligsohn, of New York City (J. Kenneth McCabe and George H. Feirberg, both of New York City, on the brief), for appellant.
William C. Chanler, Corp. Counsel, of New York City (Paxton Blair and Edward J. McGratty, Jr., both of New York City, of counsel), for respondent.
Judgment affirmed with costs.
O'BRIEN, J., taking no part.
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