New York Court of Appeals
Mary Lalor, Respondent v. the City of New York, Appellant
May 20, 1913208 N.Y. 431
Summary
The Court of Appeals held that a precise, measured testimony that a pavement hole was four inches deep controls over speculative estimates of depth, so no genuine issue of fact existed. Accordingly, the trial court's dismissal of the plaintiff's negligence claim was proper and the appellate reversal was reversed.