Bartholoma v. Town of Florence — 203 N.Y. 582

Majority

p. 582

Michael Bartholoma, Respondent, v. The Town of Florence, Appellant.

Headnote

Bartholoma v. Town of Florence, 136 App. Div. 906 , affirmed.

(Argued October 19, 1911;

decided November 3, 1911.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 3, 1909, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained by plaintiff through the negligence of defendant in failing to keep its highways in repair.

William S. Mackie for appellant.

Albert T. Wilkinson for respondent.

Judgment affirmed, with costs, on the ground that the evidence presented a question of fact for the jury; no opinion.

Concur: Cullen, Oh. J., Gray, Werner, Willard Bartlett, Hiscock, Chase and Collin, JJ.