Schall v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal, in each of the above-entitled actions, by the defend? nt, The City of New York, from a judgment of- the Municipal Court of 'the city of New York, borough of' Brooklyn, in favor of the plaintiff in each action, entered on the day of March,T903, and Also from an order, in each action, entered in the office of the clerk ■of said- court on the day of March, 19.03, denying the defendant’s motion for á new trial" made upon 'the minutes.
1Opinion of the Court
Jenks, J.:
These are actions against a municipal corporation for negligence in the care of a street. The woman complains that while walking thereon in the daytime she fell and was injured'by falling or "slipping into a depression in the sidewalk, which was about fifteen feet wide. The testimony for the plaintiff shows that the depression, which was near the .curb, was four feet long, eleven inches wide, *65three and one-hálf inches deep, and had existed for several years. I think that Hamilton v. City of Buffalo (173 N. Y. 72) must control.
The judgment and order should be reversed, and a new…
2Cases cited1 opinion
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
3Cited by4 opinions
- Cornell v. City of YpsilantiMichigan Supreme Court · 1920
- Shugren v. Salt Lake CityUtah Supreme Court · 1916
- Carr v. Degnon Contracting Co.Appellate Terms of the Supreme Court of New York · 1905
- Duffy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912