Summary
In Berkson v. Village of Richfield Springs (300 N.Y. 720) a flagstone had become weakened by a root growing under it so that its easterly edge was six inches higher than its westerly edge and partially covered by snow and ice causing the plaintiff to slip and this condition had existed for more than four years.
Summary of this case from McDermott v. City of N.YOpinion
Argued March 2, 1950
Decided April 6, 1950
Appeal from the Supreme Court, Appellate Division, Third Department, NEWMAN, J.
Louis E. Krohn for appellants.
Livingston S. Latham for respondent.
Judgments reversed and a new trial granted, with costs to abide the event, upon the ground that there was evidence of breach of duty by the defendant which was proper for submission to the jury. No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY; DESMOND, DYE, FULD and FROESSEL, JJ.