Summary
In Eger v. City of New York (239 N.Y. 561) the trial court charged that if the hole was less than four inches deep but was obscured by shadows, a question of fact as to the liability of the city was presented, and refused to charge that if the jury found the depression to have been less than four inches then the city was not liable. The hole was in the sidewalk on Bedford avenue, in the city of Brooklyn, over one hundred feet from the nearest street light.
Summary of this case from Van Dyne v. Village of Seneca FallsOpinion
Argued October 16, 1924
Decided November 25, 1924
Appeal from the Supreme Court, Appellate Division, Second Department.
Ralph G. Barclay and Charles F. Hulseman for appellant.
George P. Nicholson, Corporation Counsel ( Charles J. Druhan and Joseph P. Reilly of counsel), for respondent.
Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.
Concur: HISCOCK, Ch. J., CARDOZO, POUND, McLAUGHLIN, CRANE, ANDREWS and LEHMAN, JJ.