Suess v. Village of Depew — 214 N.Y. 625

Majority

p. 625

Chris L. Suess, Respondent, v. Village of Depew, Appellant.

(Argued January 20, 1915;

decided February 5, 1915.)

Headnote

Suess v. Village of Depew, 155 App. Div. 946 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial

p. 626

department, entered March 29, 1913, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries and for damage to property alleged to have been sustained by plaintiff through the negligence of the defendant in permitting a dangerous hole to exist in one of its streets.

Levant D. Lester for appellant.

Irving W. Cole and Hamilton Ward for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Miller, Cardozo and Seabury, JJ.