New York Court of Appeals

Charles W. Clifford, Respondent v. Andrew J. Dam, Appellants

April 20, 188081 N.Y. 52

Summary

The Court affirmed the judgment for the plaintiff, holding that a plaintiff need only prove the existence of a sidewalk hole and the defendants' responsibility for it, without proving negligence, and that a permit to create such an obstruction must be pleaded and compliance with its terms proved if it is to be material.