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Eger v. City of New York

Court of Appeals of the State of New York
Nov 25, 1924
147 N.E. 195 (N.Y. 1924)

Summary

In Eger v. City of New York (239 N.Y. 561) the trial court charged that if the hole was less than four inches deep but was obscured by shadows, a question of fact as to the liability of the city was presented, and refused to charge that if the jury found the depression to have been less than four inches then the city was not liable. The hole was in the sidewalk on Bedford avenue, in the city of Brooklyn, over one hundred feet from the nearest street light.

Summary of this case from Van Dyne v. Village of Seneca Falls

Opinion

Argued October 16, 1924

Decided November 25, 1924

Appeal from the Supreme Court, Appellate Division, Second Department.

Ralph G. Barclay and Charles F. Hulseman for appellant.

George P. Nicholson, Corporation Counsel ( Charles J. Druhan and Joseph P. Reilly of counsel), for respondent.


Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ.


Summaries of

Eger v. City of New York

Court of Appeals of the State of New York
Nov 25, 1924
147 N.E. 195 (N.Y. 1924)

In Eger v. City of New York (239 N.Y. 561) the trial court charged that if the hole was less than four inches deep but was obscured by shadows, a question of fact as to the liability of the city was presented, and refused to charge that if the jury found the depression to have been less than four inches then the city was not liable. The hole was in the sidewalk on Bedford avenue, in the city of Brooklyn, over one hundred feet from the nearest street light.

Summary of this case from Van Dyne v. Village of Seneca Falls

In Eger v. City of New York (supra) the facts are not fully reported, and in Kuhn v. Village of East Syracuse (supra) this court conceded that there was a question of fact for a jury to decide by reversing a judgment for plaintiff and ordering the case back for a new trial.

Summary of this case from Van Dyne v. Village of Seneca Falls
Case details for

Eger v. City of New York

Case Details

Full title:CATHERINE A. EGER, Appellant, v. THE CITY OF NEW YORK, Respondent

Court:Court of Appeals of the State of New York

Date published: Nov 25, 1924

Citations

147 N.E. 195 (N.Y. 1924)
147 N.E. 195

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