McMahon v. City of Troy

FOLEY, District Judge.

The City of Troy, as shown by the first title above, was sued as a defendant together with the three named individual defendants, in the Supreme Court of the State of New York. It is not an unusual action in the State courts, colloquially described as a “sidewalk case”, and is one based in negligence for alleged wrongful death. The death resulted from a fall upon a public sidewalk in front of premises owned by the Scanlons, and occupied by defendant, Hayner, as tenant.

In its answer, pursuant to the provisions of Section 264 of the New York Civil Practice Act, the City…