Appellate Division of the Supreme Court of the State of New York January 8, 1908 (Johnson v. City of Troy)

Chester, J.:

The plaintiff has had a verdict in his favor in an action for personal injury. In his complaint it is alleged that while he was riding in an ice wagon drawn by two horses upon Seventh aVenue, in *30Troy, the pavement suddenly gave way, and he, together with his horses and wagon,, was precipitated into a ditch or depression, “ thereby hurting, bruising, wounding and injuring this