
    SCHALL v. CITY OF NEW YORK (two cases).
    (Supreme Court, Appellate Division, Second Department.
    November 20, 1903.)
    Municipal Corporations—Defective Sidewalks—Slight Defects.
    A city is not liable for an injury from a depression in the sidewalk which had existed for several years, was near the curb, and was 4 feet long, 11 inches wide, and 3% inches deep.
    ¶ 1. See Municipal Corporations, vol. 36, Cent. Dig. § 1624.
    Appeal from Municipal Court, Borough of Brooklyn, Third District.
    Consolidated actions by Sarah Schall and Rudolph Schall against the city of New York. From a judgment for plaintiffs, and an order denying defendant’s motion for a new trial, it appeals. Reversed.
    Argued before GOODRICH, P. J., and BARTLETT, WOODWARD, JENKS, and HOOKER, JJ.
    George L. Rives, for appellant.
    Altkrug & Kahn, for respondent.
   JENKS, J.

These are actions against a municipal corporation for negligence in the care of a street. The woman complains that, while walking thereon in the daytime, she fell and was injured by falling or slipping into a depression in the sidewalk which was about 15 feet wide. The testimony for the plaintiff shows that the depression, which was near the curb, was 4 feet long, 11 inches wide, 3½ inches deep, and had existed for several years. I think that Hamilton v. City of Buffalo, 173 N. Y. 72, 65 N. E. 944, must control.

The judgment and order should be reversed, and a new trial ordered; costs to abide the event. All concur.  