TARROCK v. CITY OF KINGSTON


279 A.D. 693 (1951)

Lillian Tarrock, as Executrix of Ernest Tarrock, Deceased, Respondent, v. City of Kingston, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


The distance between the edge of the pavement and the water's edge is five feet. From the crown of the road to the water's edge is a drop of eleven inches in a distance of sixteen and one-half feet. The city exercises control over the area between the pavement and the water's edge. No guardrail, barrier or other protection existed between the edge of the pavement and the water on February 4, 1949. On that day the street was covered with snow and ice and slippery. Plaintiff...

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