Vanderborg v. City of New York
Appellate Division of the Supreme Court of the State of New York
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 Kings on the 17th day of December, 1912, upon the verdict of a jury for $10,000, and also from an order entered in said clerk’s office on the 13th day of January, 1913, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Jerks, P. J.:
The court refused, under exception by the defendant, to charge, “if the jury finds that this depression between the sidewalk and the dirt space did not exceed three inches in depth and the plaintiff fell, assuming that he did fall by simply putting his foot into a depression three inches in depth and so received his injury, the city is not liable.” I think that the exception was well taken and is fatal to the judgment. The plaintiff, a man 46 years old, testifies that about 7 P. M. of November 7, 1910, when walking on a flagstone sidewalk of a street in the borough of Brooklyn,…
2Cases cited6 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Butler v. . Village of OxfordNew York Court of Appeals · 1906
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- Gastel v. . City of New YorkNew York Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Shugren v. Salt Lake CityUtah Supreme Court · 1916
- Wagner v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Eger v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1923
- Van Dyne v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 1929
- Vanderborg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915