Miller v. City of Buffalo

120 N.Y.S. 1135 Court N.Y. App. Div. Decision date 1910-01-26 English

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p. 1135

MILLER, Respondent, v. CITY OF BUFFALO, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 26, 1910.)

Action by Godfrey Miller against the City of Buffalo.

Judgment and order reversed, and new trial ordered, with costs to appellant to abide event. Held, that the defect in

p. 1136

the street was too slight to charge the defendant with negligence.

SPRING and KRUSE, JJ., dissent.