McCarthy v. Brooklyn & Queens Transit Corp.

In an action to recover damages for personal injuries sustained as the result of stepping into a depression in a pavement at a crosswalk between the tracks of defendant, judgment for plaintiff unanimously affirmed, with costs. The proof is conclusive that the defect was the gradual result of the sinking of the granite block, due to faulty repavement by the city of New York after it had excavated for the purpose of installing traffic lights. The sole point of appellant is that section 178 of the Railroad Law does not impose liability upon the defendant for such defect. The obligation of the…