New York Court of Appeals

Howard A. Hamilton, Respondent v. the City of Buffalo Appellant

January 6, 1903173 N.Y. 72

Summary

The Court of Appeals affirmed the trial court's nonsuit, holding that the City of Buffalo was not negligent for a slight depression in a crosswalk that a prudent person would not deem dangerous, and therefore the plaintiff's evidence was insufficient to send the case to a jury. Justice Vann dissented, arguing that the defect was dangerous and that the city could be liable.