Court of Appeals for the Second Circuit December 18, 1939, No. 109 (Ray v. City of New York)

CHASE, Circuit Judge.

The plaintiff stepped into a depression caused by a break in the surface of the public sidewalk on West 116th Street in the City of New York; lost his balance; fell and was injured. He brought this suit in the District Court for the Southern District of New York to recover his damages for the injuries he then received.