Smith v. City of Albany

The city of Albany owned a plot of ground adjoining New Scotland avenue. On June 15, 1925, the defendant’s council adopted an ordinance providing for the construction of an engine house on that parcel of land. The engine house was constructed and for the purpose of making an approach for the fire engine and trucks an opening was cut in the sidewalk which was practically level in front of the lot in question. From the engine house to the street a roadway was constructed. The top of that roadway was five inches below the level of the sidewalk and where the sidewalk ended on each side of the…