Denis M. Hurley, Corporation Counsel (
Alfred A. Duffy of counsel), for defendant.
Daniel Weiss for plaintiff.
Judicial Committee of the (British) Privy Council on an appeal from the New South Wales, Australia, Supreme Court, to which an appeal had been taken from a lower court sitting in Admiralty, to the same effect, in which the learned court stated through Lord MERRIVALE (p. 642): "Clearly a photographic picture cannot be relied upon as proof in itself of the dimensions of depicted object or objects, and cannot be made properly available to establish the relative proportions of such objects". This court feels that if such a rule applies to linear dimensions as shown in the photograph, it is more certainly applicable to abstract dimensions such as time, and consequently the contention of the plaintiff's counsel in that regard is overruled. The court therefore finds that the plaintiff has failed to make out a prima facie case on the question of notice, and the complaint is consequently dismissed on the motion of the counsel for the city. In view of this decision the court declines to pass upon the other motions. Motion to dismiss the complaint granted.