D'Anna v. City of New York

In an action by plaintiff wife to recover damages for personal injuries, claimed to have been caused by a defect existing in a street, between two rails of a track upon which the defendant City was engaged in the operation of a street surface railroad, and by her husband to recov'er for expenses and loss of services, the complaint was dismissed at the close of plaintiffs’ case. Judgment affirmed, with costs. There was no evidence of either actual or constructive notice to the City of the alleged defective condition. The contention of appellants that a prima facie case was made out under…