Pfarr v. City of New York

Appellate Division of the Supreme Court of New York

Pfarr v. City of New York

255 A.D. 495, 8 N.Y.S.2d 292, 1938 N.Y. App. Div. LEXIS 4786

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 1938

StatusPublished

This text of 255 A.D. 495 (Pfarr v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Pfarr v. City of New York, 255 A.D. 495, 8 N.Y.S.2d 292, 1938 N.Y. App. Div. LEXIS 4786 (N.Y. Ct. App. 1938).

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Opinions

Per Curiam.

As one witness for plaintiff testified that on the morning of the day of the accident the break in the sidewalk was four inches deep and another of plaintiff’s witnesses stated that it was from two to "six inches in depth, we think that it was prejudicial error, in the circumstances of this case, for the court to decline to charge “ that if that condition or defect on the sidewalk was four inches or less in depth, their verdict must be for the defendant.” (Eger v. City of New York, 239 N. Y. 561; Griffin v. Town of Harrison, 268 id. 238, 241.) We also find that the verdict is against the weight of the credible evidence. The judgment should, [496]*496accordingly, be reversed and a new trial ordered, with costs to the appellant to abide the event.

Martin, P. J., Glennon, Dore and Cohn, JJ., concur; Callahan, J., dissents.

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Per Curiam.

As one witness for plaintiff testified that on the morning of the day of the accident the break in the sidewalk was four inches deep and another of plaintiff’s witnesses stated that it was from two to "six inches in depth, we think that it was prejudicial error, in the circumstances of this case, for the court to decline to charge “ that if that condition or defect on the sidewalk was four inches or less in depth, their verdict must be for the defendant.” (Eger v. City of New York, 239 N. Y. 561; Griffin v. Town of Harrison, 268 id. 238, 241.) We also find that the verdict is against the weight of the credible evidence. The judgment should, [496]*496accordingly, be reversed and a new trial ordered, with costs to the appellant to abide the event.

Martin, P. J., Glennon, Dore and Cohn, JJ., concur; Callahan, J., dissents.

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Bluebook (online)

255 A.D. 495, 8 N.Y.S.2d 292, 1938 N.Y. App. Div. LEXIS 4786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pfarr-v-city-of-new-york-nyappdiv-1938.

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