Wagner v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Mew York, from an order and determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of Mew York on the 24th day of June, 1913, affirming a judgment of the Municipal Court of the City of Mew York, borough of Manhattan, seventh district, in favor of the plaintiff rendered upon the verdict of a jury for seventy-five dollars.
1Opinion of the Court
Hotchkiss, J.:
On September 29, 1912, plaintiff was walking up Broadway, and had reached the northerly side of Mail street, where the surface was disrupted by subway work, when she stepped into a hole adjacent to the temporary wooden crossing at that point and fell. In describing the hole she said, “ it was. broken asphalt with dirt on it, * * * about 6 inches deep in the middle part where I fell,” but when asked to describe it particularly, she said, “ all I can remember is the broken asphalt with dirt in the bottom; ” then, when pressed further, she repeated it was about six inches deep in…
2Cases cited3 opinions
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
- Vanderborg v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913
3Cited by2 opinions
- Reid v. Kansas CityMissouri Court of Appeals · 1917
- Wesley v. City of New YorkAppellate Terms of the Supreme Court of New York · 1915