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Appellate Division of the Supreme Court of New York, 1911

Austin v. City of Dunkirk

Austin v. City of Dunkirk
Appellate Division of the Supreme Court of New York · Decided November 29, 1911 · McLennan
131 N.Y.S. 1102 (New York Supplement)
Austin v. City of Dunkirk

Dissenting Opinion

McLENNAN, P. J.,

dissents, upon the grounds stated in his opinion upon the former appeal, reported at 140 App. Div. 44, 124 N. Y. Supp. 248, and WILLIAMS, J., dissents, upon the ground that the city cannot be held liable for negligence in building a sidewalk in the manner shown by the evidence of this case.

Opinion of the Court

PER CURIAM.

Judgment and order affirmed, with (*osts.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.