Carroll v. City of Binghamton

Plaintiff has recovered a judgment against the owner of real property adjacent to a public sidewalk and against the city. The recovery was had upon the theory that the landowner in cutting the trees created a dangerous and unsafe condition which the city permitted to continue. The evidence presented a question of fact which is resolved in favor of the plaintiff. Judgment unanimously affirmed, with costs. Present — Hill, P. J., Crapser, Bliss, Heffernan and Poster, JJ.