Yuengling v. City of New York

145 N.Y.S. 1151 Court N.Y. App. Div. Decision date 1914-01-23 English

Contents

Majority

p. 1151

YUENGLING, Respondent, v. CITY OF NEW YORK, Appellant.

(Supreme Court, Appellate Division, Second Department.

January 23, 1914.)

Headnote

Action by Albert Yuengling against the City of New York.

Judgment and order affirmed, with costs.

JENKS, P. J., votes for reversal, on the ground that the evidence is not sufficient to charge the defendant, a municipal corporation, with constructive notice, in view of the testimony adduced by the plaintiff, particularly at folios 55 and 162.