Brennan v. Trustees of Bath — 218 N.Y. 748

Majority

p. 748

Johanna Brennan, as Sole Administratrix of the Estate of Hugh Brennan, Deceased, Respondent, v. The Trustees of the Village of Bath, Appellant.

Headnote

Brennan v. Trustees of Village of Bath, 162 App. Div. 932 , affirmed.

(Argued June 14, 1916;

decided July 11, 1916.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 29, 1914, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of the defendant in failing to properly maintain a sidewalk and barrier on a street adjacent to a millpond. It was claimed that upon the night plaintiff’s intestate met his death he stepped

p. 749

into a place in the sidewalk where the top of the bank had crumbled away, slid down into.the pond and was drowned.

James McCall for appellant.

Warren J. Cheney for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Willard Bartlett, Ch. J., Hiscock, Collin, Cuddebaok. Hogan, Seabury and Pound, JJ.