29 N.Y.S. 539 | N.Y. Sup. Ct. | 1894
This is an action to recover damages for bodily injuries sustained by the plaintiff while walking upon a sidewalk in the city of Rochester. The plaintiff claims that her injuries were caused by the sidewalk being out of repair. An abutting owner, in making some repairs, had removed the stone walk in front of his' premises. He excavated the earth underneath, and constructed a temporary sidewalk over the excavation of sufficient length and width, and in the manner that such walks are ordinarily constructed. The defect consisted in his not having spiked the planks down. They had by use become separated from each other at the time the plaintiff was injured, and, in attempting to cross over the walk, she stepped into the opening between the planks, and was-quite seriously injured. The charter of the city provided that the city should not be liable for injuries caused by defective sidewalks-unless an actual notice of the unsafe or dangerous condition thereof had been given to the city officers having charge of the highways-a reasonable time before the happening of any such injury.
This is the second time this case has been before this court upon appeal. The material facts of the case are fully stated in the-