Ploedterll v. Mayor of New York

Headnote

This was an action to recover damages for injuries sustained by plaintiff in consequence of falling over a stone upon a sidewalk in the city of New York.

A culvert in Sixth avenue had formerly been covered by two iron plates; one of these had been destroyed, and the stone in question had been placed over the hole; who placed it there did not appear; it did appear that the place would have been dangerous had the stone been removed. It projected upon the sidewalk, occupying about half the walk; plaintiff, passing along the street on a dark night, struck and fell over the stone, breaking her leg. It appeared the stone had been there some months.

Defendants’ counsel moved for a nonsuit upon the grounds that there was no evidence that the city authorities placed the obstruction there, that no malfeasance was charged. The motion was denied.

The court charged that it was immaterial who placed the obstruction; if it remained there so long that the corporation was presumed to have had notice, they were bound to

remove it and remedy the defect. To this charge no exception was taken. The principal point urged upon appeal was that, as it did not appear who placed the obstruction, it could not be presumed that it was done by defendants, and that express notice was required to impose liability. The case of Griffin v. The Mayor, eto. (9 1ST. Y., 456), was relied upon. Held, that the case more nearly assimilated to Regua v. City of Rochester (45 1ST. Y., 129), but that there was no exception in the case which raised the point.