New York Supreme Court January 2, 1872 (Mosey v. City of Troy)

By the Court, Parker, J.

This case differs from that of Durkin v. The City of Troy,(a) which was argued with it, and in which we have just granted a new trial, in this, that here is evidence tending to show that the ice upon which the plaintiff fell was an accumulation from the freezing of water flowing from a house conductor upon the sidewalk, and extending entirely across it.