West v. City of New York

This is an action based upon negligent nuisance. The plaintiff was injured by tripping over a wooden sill which rested upon a sidewalk located on Fifth avenue in front of the old Waldorf-Astoria Hotel in that city. The purpose of this sill was to prevent the shifting of a sidewalk shed which was erected upon it for the protection of the traveling public while the old building was being razed and the new Empire State Building erected. The plaintiff has sued both Starrett Bros., Inc., the contractor, and the city of New York.

This case has been before the Court of Appeals and the law of the case…