Haight v. City of Lockport — 234 N.Y. 638

Majority

p. 638

Bridget E. Haight, Respondent, v. City of Lockport, Appellant, Impleaded with Others.

Headnote

Negligence — municipal corporations — obstruction in street — when municipality liable for injuries occasioned from fall over step or plat-, form on sidewalk in front of building.

Haight v. City of Lockport, 199 App. Div. 953 , affirmed.

(Argued December 6, 1922;

decided January 9, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered • November 28, 1921, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendants. The complaint alleged that defendant, appellant, negligently omitted to keep Main street in the city of Lockport free from obstructions and wrongfully permitted the maintenance of a step or platform on the south sidewalk

p. 639

of said street against which plaintiff in passing struck her foot causing her to fall and occasioning the injuries complained of.

Donald S. Moore, Corporation Counsel, for appellant.

Frank H. Callan for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hogan, Cardozo, Crane and Andrews, JJ. Dissenting: His cock, Ch. J., and McLaughlin, J. Taking no part: Pound, J.