The foregoing contains all the evidence given upon the trial, and it appearing to me that a proper presentation of this case for review, so requires, I hereby direct the evidence and exhibits to be stated in full, so far as is done in the foregoing and the same have been settled on, and I order the foregoing printed case filed. P. C. WILLIAMS, Justice Supreme Court. February 19, 1900. It is stipulated and agreed that the foregoing printed case contains all of the evidence, pleadings and proceedings in said action,and that it is printed in accordance with the case as settled by Hon. P.C. Williams, before whom said action was tried, and the same may be filed accordingly as the case on appeal. ABRAHAM H. BELLINGER, Attorney for Plaintiff. destanlow February 19, 1900 da tutto Jalla, of the city of . Plaintiff's Witnesses. Direct. Re Di. Cross 6 23, 25 25, 35 40 42, 46, 45 65, 77-79, 69, 79 79, 83, 81 :10 25 85 85 85 86 87 88 92 This is an appeal from the judgment of non-suit in the above action entered in the Herkimer county clerk's office, January 7th, 1899. This action was tried before Hon. Pardon C. Williams, justice of this court, and a jury at a trial term thereof held at Herkimer, Deceinber 5th, 1898. (See judgment folio 298). This action was brought to recover $5,000 damages against the defendant—a municipal corporation, because of alleged negligence, causing the injury suffered by plaintiff on the evening of February 25th, 1898. Plaintiff, without negligence on his part, while walking aloug a passage way provided for public use by the defendant, fell and fractured his right femur bone, breaking off the head. The complaint alleges defendant's negligence to have consisted in the opening to public use of the passageway at a time when it was dangerous on account of a ridge of ice which existed there, also in not keeping the passageway safe. The passageway was dark and the defendant had knowledge of the conditions surrounding it. The dangerous condition of the passageway caused the injury. The City of Little Falls is divided by the Erie canal, which canal intersects it from east to west. The Mohawk River runs north of the canal through the city, and practically parallel with the canal. The city both north and south of the canal is densely populated. On the south are located the West Shore depot and a public school building. Mills and factories are located on the north side. The school district embracing said school building covers territory both north and south of the canal. A large number of the population south of the canal work in the mills located north thereof. (Folio 15). These operatives used the state bridge hereinafter referred to before its removal, for the purpose of crossing the canal, as also did the school children. Shortly before February 25th, 1898, the state of New York had removed this bridge connecting Mohawk street on the north side of the canal with German street on the south side thereof for the purpose of building a new structure. The state provided no substitute by which to cross over the canal. There were no other bridges connecting the north and south side of the canal, excepting a bridge at Bellinger street, located eleven hundred feet on the line of the canal, west of the temporary bridge herein spoken of, where the accident occurred. Another temporary bridge across the canal had been thrown over the Leigh lock, in close proximity to Bellinger street bridge, and used as a substitute for the Bellinger street bridge. This temporary bridge was about nine hundred feet west of the bridge where the accident occurred, and was supposed to have been erected by James T. Leigh. The defendant by resolution of its Common Council directed the Board of Public Works to have a foot bridge erected (folio 31) to supply the place of the bridge removed. A bid was made by James Riley to |