Dwyer v. L. M. Neckerman Co.

The plaintiff seeks damages for personal injuries. Originally based upon negligence, her complaint was amended to allege nuisance and the charge of negligence was withdrawn.

The defendant under the authority of a municipal permit maintained the usual sidewalk bridge in front of a building it was erecting on East Forty-second street. While no evidence ■ showing compliance with the terms of permit was offered, proof of proper and safe construction was furnished. The planks which ran lengthwise of the sidewalk were four inches thick by twelve inches in width and some sixteen feet in length. Their…