Price v. City of New York

Appellate Terms of the Supreme Court of New York

Price v. City of New York

159 N.Y.S. 730

Appellate Terms of the Supreme Court of New York·Decided June 26, 1916·Published

Opinion

BIJUR, J.

Plaintiff sues to recover damages for personal injuries resulting from a fall into- a hole on the sidewalk at No. 2 Clinton street, which was about a foot deep and 18 or 20 inches in size. There was sufficient testimony that the hole had existed for at least six or seven weeks prior to the accident, and it was therefore error to refuse to submit the case to the jury on the question whether or not the city had constructive notice.

The judgment must therefore be reversed, and a new trial ordered, with $30 costs to appellant to abide the event. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

BIJUR, J.

Plaintiff sues to recover damages for personal injuries resulting from a fall into- a hole on the sidewalk at No. 2 Clinton street, which was about a foot deep and 18 or 20 inches in size. There was sufficient testimony that the hole had existed for at least six or seven weeks prior to the accident, and it was therefore error to refuse to submit the case to the jury on the question whether or not the city had constructive notice.

The judgment must therefore be reversed, and a new trial ordered, with $30 costs to appellant to abide the event. All concur.

Price v. City of New York, 159 N.Y.S. 730 (N.Y. Ct. App. 1916).

Pincite

159 N.Y.S. 730 (Price v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.