150 N.Y.S. 908 | N.Y. App. Div. | 1915
The plaintiff, a woman sixty-four years of age, went into one of the defendant’s streets, called there by the fact that a horse had fallen into an excavation in the highway, and, while walking along near the middle of a sidewalk, she fell into the same excavation with the horse, and sustained serious injuries, for which the jury has awarded a verdict of $3,000. The accident happened about half-past nine in the evening, the night was dark, and, according to her witnesses, no proper lights or barriers had been erected to protect the excavation. The defendant appeals from the judgment and from an order denying a motion for a new trial.
The defendant insists that the plaintiff failed to establish notice to the defendant of the dangerous condition of the street at this point. The evidence was to the effect that some days
But it is said that the plaintiff failed to establish freedom
We are of opinion that the conflict of evidence as to the defendant’s negligence — as to the conditions which existed at the point of the accident — was such as to justify the jury in its conclusion that the place was negligently maintained with the knowledge of the defendant, and that the verdict for $3,000 is not so far excessive as to justify this court in interfering.
The judgment and order appealed from should be affirmed, with costs.
^ Judgment alid order unanimously affirmed, with costs.