Brundage v. City of New York

91 N.Y.S. 1088

Opinion

PER CURIAM.

The record does not show that the plaintiff gave the proof of such a defect in the street to justify the submission of the question of defendant’s liability to the jury. Even if such a defect had been established, there is not sufficient proof of notice thereof in this record. Judgment and order reversed, and new trial granted; costs to abide the event.

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Brundage v. City of New York, 91 N.Y.S. 1088 (N.Y. Ct. App. 1904).

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