Carson v. City of New York

Defendant appeals from a judgment recovered by plaintiff for personal injuries caused by falling upon a crosswalk in a public street of the city. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. Plaintiff’s testimony was to the effect that there was a hole in the street seven to nine inches deep and about a foot from the curb; that it was in the nature of a trap; and that her foot caught therein, causing her to fall. Defendant’s testimony was to the effect that the defect in the street was not a hole, but was a depression caused by tires of…