Faber v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of May, 1913, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 12th day of May, 1913, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Scott, J.:
Plaintiff’s decedent, a truck driver by occupation, came to his death on December 18, 1911, in consequence of a fall from a truck which he was driving and upon which was loaded a high pile of lumber. The jury have found by their verdict that his fall was occasioned by the fact that the front wheel of his truck *204ran into a hole or depression in the roadway at or near the corner of Division and Suffolk streets in the city of New York. The sole question upon this appeal is whether it appeared from the evidence that the defect in the roadway was of such a character and had existed for…
2Cases cited2 opinions
- Terry v. . Village of PerryNew York Court of Appeals · 1910
- Lalor v. . City of New YorkNew York Court of Appeals · 1913
3Cited by1 opinion
- French v. StateNew York Court of Claims · 1923