New York Court of Appeals

William H. Hume, Appellant v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent

September 17, 187874 N.Y. 264

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the city was liable for injuries caused by the collapse of an unauthorized wooden awning that was dangerously constructed and that the city had notice of the hazard. The court found that the evidence supported the jury's findings that the awning's defective fastening was a visible defect and that the city had a duty to remove such a nuisance.