Smith v. City of New York

In this snow and ice case the City of New York appeals from a judgment entered after a non jury trial awarding plaintiff $6,500 as damages for personal injuries.

At about six o’clock in the evening of January 1,1948, during a cold freezing rainstorm, plaintiff, while walking on the north sidewalk of 42nd Street in front of a vacant lot between 10th and 11th Avenues, in the borough of Manhattan, slipped and fell, sustaining the injuries for which he brought suit.

The glaze or ice storm had begun at 8:35 a.m. on that day. It formed a deposit of ice on sidewalks causing hazardous walking. The…