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Schall v. City of New York

SCHALL v. CITY OF NEW YORK (two cases)

Schall v. City of N.Y., 84 N.Y.S. 737 (1903)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
November 20, 1903
Judges
Jenks
Citations
84 N.Y.S. 737
Headnotes
Municipal Corporations—Defective Sidewalks—Slight Defects. A city is not liable for an injury from a depression in the sidewalk which had existed for several years, was near the curb, and was 4 feet long, 11 inches wide, and 3% inches deep. ¶ 1. See Municipal Corporations, vol. 36, Cent. Dig. § 1624.
Summary
Appeal from Municipal Court, Borough of Brooklyn, Third District. Consolidated actions by Sarah Schall and Rudolph Schall against the city of New York. From a judgment for plaintiffs, and an order denying defendant’s motion for a new trial, it appeals. Reversed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Jenks

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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.

1916: 11920: 11926: 119162026peak 1916 · 1

Relies on it most ⓘ

  1. Hopson v. City of Detroit209 N.W. 161 (Mich. 1926)
  2. Cornell v. City of Ypsilanti180 N.W. 405 (Mich. 1920)
  3. Shugren v. Salt Lake City159 P. 530 (Utah 1916)

Most recent

  1. Hopson v. City of Detroit209 N.W. 161 (Mich. 1926)
  2. Cornell v. City of Ypsilanti180 N.W. 405 (Mich. 1920)
  3. Shugren v. Salt Lake City159 P. 530 (Utah 1916)

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.

Authorities cited 1

DepthCaseCited by
Hamilton v. City of Buffalo, 65 N.E. 944 (N.Y. 1903) 53

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