Kaplan v. City of New York

Judgment for defendant-respondent City of New York pursuant to a jury verdict against plaintiff-appellant, in an action for personal injuries sustained in a fall on an allegedly defective sidewalk, unanimously reversed on the law, and a new trial ordered, with $50 costs and disbursements to abide the event. While the accusations made by plaintiff’s counsel were without sufficient legal basis and were therefore provocative, the Trial Justice’s charge exceeded proper limits in commenting on those accusations. Moreover, it was error to charge that courts have held that depressions in the…