New York Court of Appeals November 10, 1908 (Stern v. Metropolitan Street Railway Co.)

*331

Chase, J.

The Appellate Division in the opinion rendered in deciding the first appeal (104 App. Div. 378) say: “ The negligence complained of and which caused the injury to the plaintiff was in allowing the crosswalk, adjacent to a track upon which cars of both these defendants were run, to become so out of repair that the street was rendered unsafe for a person to use it with due care.