Schall v. City of New York

Full title: SARAH SCHALL, Respondent, v . THE CITY OF NEW YORK, Appellant. RUDOLPH…

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

Date published: Nov 1, 1903

88 App. Div. 64 (N.Y. App. Div. 1903)

84 N.Y.S. 737

Opinion

November Term, 1903.

George L. Rives, for the appellant.

Altkrug Kahn, for the respondent.

JENKS, J.:

These are actions against a municipal corporation for negligence in the care of a street. The woman complains that while walking thereon in the daytime she fell and was injured by falling or slipping into a depression in the sidewalk, which was about fifteen feet wide. The testimony for the plaintiff shows that the depression, which was near the curb, was four feet long, eleven inches wide, three and one half inches deep, and had existed for several years. I think that Hamilton v. City of Buffalo ( 173 N.Y. 72) must control.

The judgment and order should be reversed, and a new trial ordered, costs to abide the event.

GOODRICH, P.J., BARTLETT, WOODWARD and HOOKER, JJ., concurred.

Judgments and orders of the Municipal Court reversed and new trials ordered, costs to abide the event.