Appellate Division of the Supreme Court of the State of New York November 11, 1908 (Ferguson v. Village of Waverly)

Sewell, J.:

The action is brought to recover damages for an injury to the plaintiff occasioned by a fall upon a sidewalk on Broad street in the village of Waverly.- The principal question with which this court has to deal is whether the evidence was of such a character as to warrant a finding by the jury of negligence on the part of the defendant.