Brundage v. City of New York

Full title: Esther J. Brundage, Respondent, v. The City of New York, Appellant

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

Date published: Dec 1, 1904

99 App. Div. 628 (N.Y. App. Div. 1904)

91 N.Y.S. 1088

Opinion

December, 1904.

The record does not show that the plaintiff gave the proof of such a defect in the street to justify the submission of the question of defendant's liability to the jury. Even if such a defect had been established, there is not sufficient proof of notice thereof in this record. Judgment and order reversed and new trial granted, costs to abide the event. All concurred.