Murray v. Michalak

While I agree that the Appellate Division followed the tort law of this state in denying liability to the plaintiff, I must dissent because I think it is high time this Court reevaluated the law relating to sidewalk negligence cases.

On September 1, 1966, plaintiff, an elderly lady, while walking on the sidewalk in front of defendants’ property, tripped and fell and suffered injuries. She tripped on a flagstone slab which was raised about three and a half inches above the level of the adjoining slab. This elevation was caused by the root of a tree which was growing in a thirty-inch strip of…