De Pledge v. City of New York

Headnote

Negligence — municipal corporations — streets — when defect in street not of such character as to justify finding of negligence.

De Pledge v. City of New York, 208 App. Div. 10 , affirmed.

Appeal from a judgment, entered February 15, 1924, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant. Plaintiff, while walking along Fulton street in the city of Brooklyn and about to cross Fulton place slipped on the curb, fell and broke her hip. The evidence showed a slight separation of the sidewalk and the curb, where-from the curb was two inches lower than the sidewalk with a space between the two of approximately two inches, filled in by a cement strip. The curbstone sloped five-eighths of an inch toward the gutter, which was from seven to eight and one-half inches below the curb.

The plaintiff claimed to have slipped on'this point where the sidewalk and curb were joined by the sloping strip of cement. The Appellate Division held that the defect was not of such character as to justify a finding of negligence.