Legal Opinion
Vandeskie v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1903Published
Appeal from Municipal Court, Borough of Richmond, First District. Action by Mary Vandeskie against the city of New York. From a judgment for plaintiff, and from orders denying motions to set aside the verdict and for a new trial, defendant appeals.
1Opinion of the CourtJenics, J.
The action is for negligence. Plaintiff complains of injuries consequent to her slip into a hole or depression in the street. The defendant requested the court to charge the following, which was refused, under exception:
“I ask your honor to charge that there is no evidence that the hole into which the plaintiff claims to have fallen was dangerous, or such holes [sic] would have required any affirmative action on the part of the city.”
I fail to find any evidence to warrant any finding as to the character or dimensions of the hole. For aught that appears, the hole, *837if it existed, may have been…
2Cases cited2 opinions
- Hamilton v. . City of BuffaloNew York Court of Appeals · 1903
- Beers v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1903