Lawton v. City of New York

Appeal from judgment dismissing complaint at the close of plaintiff’s case in action to recover damages for personal injuries claimed to be due to ice on a sidewalk, formed from water leaking from a city hydrant. Plaintiff was not guilty of contributory negligence as a matter of law. Facts were proved which required the submission of the case to the jury. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. Lazansky, P. J., Young, Hagarty, Tompkins and Davis, JJ., concur.