Licata v. City of New York

In an action for damages for injuries sustained by an infant plaintiff, who fell from the top of a pile of beams lawfully placed on the highway, judgment for plaintiff reversed on the law and the complaint dismissed, with costs. In our opinion, the spaces of about five inches between the beams on ■the top of a pile, into one of which the infant plaintiff’s foot slipped, causing him to trip, did not create a dangerous condition which required the appellant to anticipate an accident such as happened to the infant plaintiff. In Boylhart v. DiMarco & Reimann, Inc. (270 N. Y. 217) the beams were…