Gross v. City of New York

Judgment affirmed, with $50 costs to the respondent. The jury rendered a verdict for defendant in an action for personal injuries. Plaintiff fell in a hole in the sidewalk. While plaintiff conceded that he was aware of the presence of the hole, he testified that he did not have it in mind at the moment and contended that, under the particular circumstances, the failure to avoid-the hole was not contributory negligence. His request for a charge to that effect was denied by the court. We agree that the request was a correct statement of the law, and the court might well have given the charge.…