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

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1916

StatusPublished

This text of 159 N.Y.S. 730 (Price v. City of New York) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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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.

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Bluebook (online)

159 N.Y.S. 730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/price-v-city-of-new-york-nyappterm-1916.