James v. G. Dubois, Respondent, v. the City of Kingston, Appellant

Summary

The New York Court of Appeals reversed the judgment and ordered a new trial, holding that the City of Kingston was not negligent for the presence of a stepping‑stone on the sidewalk, that the stone did not constitute a legal obstruction requiring municipal removal, and that the plaintiff was contributory negligent. The court found no evidence of municipal dereliction and concluded the plaintiff could have avoided the injury with ordinary care.