Appellate Division of the Supreme Court of the State of New York October 4, 1907 (Mackey v. City of New York)

Miller, J.:

This is a sidewalk case. The .'defect complained of was a depress sion caused by the construction, of a curb about ten or twelve inches from the old curb without sufficiently filling in the intervening space. The plaintiff was permitted to prove, over the specific objection that the evidence was irrelevant, that this space was filled in shortly after the accident.