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Bunce v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1938
254 App. Div. 702 (N.Y. App. Div. 1938)

Opinion

April 22, 1938.


Plaintiff was injured when she fell on a ledge six or eight feet long, extending from the building line over the sidewalk. The ledge was seven inches high at its highest point and tapered until it became flush with the sidewalk, and the edge of the ledge was jagged. The jury disagreed and the court granted defendant's motion to dismiss the complaint on the merits, and judgment was entered accordingly. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. In our opinion the evidence presented questions of fact as to defendant's negligence and plaintiff's freedom from contributory negligence. Lazansky, P.J., Hagarty, Davis, Johnston and Taylor, JJ., concur.


Summaries of

Bunce v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1938
254 App. Div. 702 (N.Y. App. Div. 1938)
Case details for

Bunce v. City of New York

Case Details

Full title:MABEL BUNCE, Appellant, and GEORGE BUNCE, Plaintiff, v. THE CITY OF NEW…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1938

Citations

254 App. Div. 702 (N.Y. App. Div. 1938)

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