Schenck v. City of New York

Appellate Division of the Supreme Court of New York

Schenck v. City of New York

263 A.D. 901, 32 N.Y.S.2d 551, 1942 N.Y. App. Div. LEXIS 7281

Appellate Division of the Supreme Court of the State of New York·Decided January 26, 1942·Published

Opinion

In an action to recover damages for injuries sustained by plaintiff when she stepped into a hole in a public highway, judgment dismissing the complaint at the end of plaintiff’s ease reversed on the law and a new trial granted, with costs to appellant to abide the event. Although plaintiff and her brother were confused in locating on the photographs in evidence the hole into which she fell, by description she, her brother, and her sister agreed as to the location, and the brother finally located the place on the photograph, which was in accord with the described location. Plaintiff made out a prima facie case for submission to the jury. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

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In an action to recover damages for injuries sustained by plaintiff when she stepped into a hole in a public highway, judgment dismissing the complaint at the end of plaintiff’s ease reversed on the law and a new trial granted, with costs to appellant to abide the event. Although plaintiff and her brother were confused in locating on the photographs in evidence the hole into which she fell, by description she, her brother, and her sister agreed as to the location, and the brother finally located the place on the photograph, which was in accord with the described location. Plaintiff made out a prima facie case for submission to the jury. Lazansky, P. J., Hagarty, Johnston, Taylor and Close, JJ., concur.

Schenck v. City of New York, 263 A.D. 901, 32 N.Y.S.2d 551, 1942 N.Y. App. Div. LEXIS 7281 (N.Y. Ct. App. 1942).

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263 A.D. 901 (Schenck v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.