Schall v. City of New York — 84 N.Y.S. 737

Majority

p. 737

SCHALL v. CITY OF NEW YORK (two cases).

(Supreme Court, Appellate Division, Second Department.

November 20, 1903.)

Headnote

Municipal Corporations—Defective Sidewalks—Slight Defects.

A city is not liable for an injury from a depression in the sidewalk which had existed for several years, was near the curb, and was 4 feet long, 11 inches wide, and 3% inches deep.

¶ 1. See Municipal Corporations, vol. 36, Cent. Dig. § 1624.

Appeal from Municipal Court, Borough of Brooklyn, Third District.

Consolidated actions by Sarah Schall and Rudolph Schall against the city of New York. From a judgment for plaintiffs, and an order denying defendant’s motion for a new trial, it appeals. Reversed.

Argued before GOODRICH, P. J., and BARTLETT, WOODWARD, JENKS, and HOOKER, JJ.

George L. Rives, for appellant.

Altkrug & Kahn, for respondent.

These are actions against a municipal corporation for negligence in the care of a street. The woman complains that, while walking thereon in the daytime, she fell and was injured by falling or slipping into a depression in the sidewalk which was about 15 feet wide. The testimony for the plaintiff shows that the depression, which was near the curb, was 4 feet long, 11 inches wide, 3½ inches

p. 738

deep, and had existed for several years. I think that Hamilton v. City of Buffalo, 173 N. Y. 72 , 65 N. E. 944 , must control.

The judgment and order should be reversed, and a new trial ordered; costs to abide the event. All concur.

Cases cited

Hamilton v. City of Buffalo 173 N. Y. 72 N.Y. 1903-01-06 p. 738