Van Dyne v. Village of Seneca Falls

The depth of the hole was two and one-half inches. It was located in the wheel track of a driveway on a side street of a village. Plaintiff’s foot was not caught nor was she tripped. In my view the holding of the trial judge that the difficulty complained of was not negligence as matter of law is right. In Hamilton v. City of Buffalo (173 N. Y. 72) plaintiff stepped upon the edge of a hole in a walk formed by the wheels of heavily loaded trucks which had caused a rounded depression, thirty-four inches long, twelve inches wide and four inches deep in the form of a letter V. In reversing the…