Legal Opinion

Mackey v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided October 4, 1907PublishedCited by 3 opinions

Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk'of the county of Queens on the 21st. day of-January, 1907, upon the verdict of a jury for-$500, and also from an order entered in said clerk’s office on, the 26th day of January, 1907, denying the defendant’s motion for a new trial .made upon the. minutes.

1Opinion of the Court

Miller, J.:

This is a sidewalk case. The .'defect complained of was a depress sion caused by the construction, of a curb about ten or twelve inches from the old curb without sufficiently filling in the intervening space. The plaintiff was permitted to prove, over the specific objection that the evidence was irrelevant, that this space was filled in shortly after the accident. Such evidence in this class of cases has too'frequently been condemned to require any discussion-Or citation of - authorities now. As the judgment must be reversed for said error it would be profitless to discuss the…

2Cited by3 opinions

  1. Quinn ex rel. Quinn v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
  2. Schultz v. Barber Asphalt Paving Co.Appellate Division of the Supreme Court of the State of New York · 1908
  3. Lawrence Son & Gerrish, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916

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