Schall v. City of New York
SCHALL v. CITY OF NEW YORK (two cases)
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
JENKS, J.
These are actions against a municipal corporation for negligence in the care of a street. The woman complains that, while walking thereon in the daytime, she fell and was injured by falling or slipping into a depression in the sidewalk which was about 15 feet wide. The testimony for the plaintiff shows that the depression, which was near the curb, was 4 feet long, 11 inches wide, 3½ inches *738 deep, and had existed for several years. I think that Hamilton v. City of Buffalo, 173 N. Y. 72 , 65 N. E. 944 , must control.
The judgment and order should be reversed, and a new trial ordered; costs to abide the event. All concur.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 3 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.