Cooper v. Village of Brockport

Judgment affirmed, with costs. All concur, except Cunningham, J., who dissents and votes for reversal on the law and for granting a new trial, on the ground that the evidence presented a question of fact for the jury as to the negligence of the defendant. (The judgment dismisses the complaint in an action to recover for damage to plaintiff’s automobile caused by a tree falling in a public highway.) Present — Sears, P. J., Edgcomb, Crosby, Lewis and Cunningham, JJ.