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Austin v. City of Dunkirk

131 N.Y.S. 1102 Court N.Y. App. Div. Decision date 1911-11-29 English

Decision Majority — PER CURIAM. · Dissent — McLENNAN, P. J.,

Contents
p. 1102
AUSTIN, Respondent, v. CITY OF DUNKIRK, Appellant.
(Supreme Court, Appellate Division, Fourth Department.
November 29, 1911.)

Headnote

Action by Alfred J. Austin against the City of Dunkirk.

Judgment and order affirmed, with (*osts.

dissents, upon the grounds stated in his opinion upon the former appeal, reported at 140 App. Div. 44 , 124 N. Y. Supp. 248 , and WILLIAMS, J., dissents, upon the ground that the city cannot be held liable for negligence in building a sidewalk in the manner shown by the evidence of this case.