Austin v. City of Dunkirk

Full title: Alfred J. Austin, Respondent, v. City of Dunkirk, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 1, 1911

147 App. Div. 919 (N.Y. App. Div. 1911)

Opinion

November, 1911.

Judgment and order affirmed, with costs. All concurred, except McLennan, P.J., who dissented upon the grounds stated in his opinion upon the former appeal (reported at 140 App. Div. 44), and Williams, J., who dissented upon the ground that the city cannot be held liable for negligence in building a sidewalk in the manner shown by the evidence of this case.