197 N.E. 265 | NY | 1935
The plaintiff Beatrice A. Griffin fell and was injured at the junction of a concrete sidewalk and the wooden planking of a railroad bridge in the town of Harrison. This location is part of a highway reserved for the use of pedestrians and in respect to it the town was under a duty of reasonably safe maintenance. The inequality was abrupt and had existed for three years. Its greatest variance was two and three-quarters inches. Such a condition is common in all the cities, towns and villages in the State and does not constitute negligent maintenance for which the municipality is liable in damages. (Butler v. Village ofOxford,
At the time of plaintiff's injury, an evening in November between six and seven o'clock, the place was poorly lighted. A fence more than six feet in height cast a shadow over the spot where plaintiff fell. It is for this reason that the judgment for plaintiff at Trial Term was affirmed at the Appellate Division. That court held that the two and three-quarters inches abrupt elevation, "when coupled with the lack of adequate light at the place of the accident, created a dangerous condition which might cause an injury at night, and this the officers of the defendant should have anticipated." (
In each case the judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.
CRANE, Ch. J., HUBBS, CROUCH, LOUGHRAN and FINCH, JJ., concur; LEHMAN, J., dissents.
Judgments reversed, etc. *243