Kolsch v. H. F. Huettner, Inc.

The action was brought against the corporate defendant and the town of Oyster Bay to recover for personal injuries sustained by Elfrieda Kolsch when she fell at a gully or depression in a sidewalk in Hicksville, town of Oyster Bay, and for her husband’s loss of services. Prior to the trial, by an order entered June 10, 1935, the complaint was dismissed as against the town of Oyster Bay, and the action was continued against the remaining defendant. The appeal is from the judgment dismissing the complaint at the close of plaintiffs’ case.

The gully or depression was six inches in width and…