Furst v. Zucker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max Zucker, from a judgment of the Municipal Court of the city of Hew York in favor of the plaintiff, entered upon the verdict of a jury.
1Opinion of the Court
Woodward, J. :
The plaintiff brings an action to recover damages for personal injuries, alleging negligence on the part of the defendant in permitting the sidewalk in front of his premises to be out of repair. The plaintiff was four years old and fell into a hole in the sidewalk about two feet by. two and one-half feet in size, and five or six inches deep. She sustained painful injuries, and the jury has rendered a verdict for $500.
The learned court charged the jury as a matter of law that the hole in the sidewalk constituted a public nuisance, leaving to the jury the question of whether the…
2Cases cited1 opinion
- Wright v. . DelafieldNew York Court of Appeals · 1862
3Cited by3 opinions
- Lifton v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Savarese v. FrankelAppellate Division of the Supreme Court of the State of New York · 1909
- Walsh v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1909