Lipinsky v. City of New York

This is an action to recover damages for personal injuries and death of plaintiff’s intestate, resulting from the negligence of the defendant in maintaining the sidewalk and curbing at the intersection of Second Avenue and East Fifth Street, Manhattan.

The evidence shows the existence, at the place of the alleged accident, of a separation in the metal nosing or curbing of about an inch and a difference in elevation of about three fourths of an inch. It do not believe that the defect is of such a character as to impose liability, or of such a nature that a reasonably prudent person should have…