Wallace v. Village of Canandaigua

Headnote

Wallace v. Village of Canandaigua, 153 App. Div. 938 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1912, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for personal injuries alleged to have been sustained by plaintiff through the maintenance by the defendant of a public nuisance. The complaint alleged that while the plaintiff was passing along Bristol street in the village of Canandaigua, riding in a carriage hitched to a horse which the plaintiff was driving, the horse became frightened at a large stone or boulder located on said street at a point where Bristol street joins another street extending northerly from Bristol street; that the plaintiff’s carriage was upset, plaintiff thrown to the ground and received the injuries complained of. The defendant contended that the boulder

in question was a public monument and did not constitute a nuisance.