Whitford v. Town of Onondaga — 234 N.Y. 571

Majority

p. 571

Milton J. Whitford, Respondent, v. Town of Onondaga, Appellant.

Headnote

Negligence — highway s — liability of town for injuries occasioned by automobile striking loose stone in highway.

Whitford v. Town of Onondaga, 199 App. Div. 909 , affirmed.

(Argued October 11, 1922;

decided October 27, 1922.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 22, 1921, affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries and injury to property alleged to have been occasioned plaintiff through the negligence of defendant in failing to keep its highways free from obstruction. It was alleged that while plaintiff was driving his automobile on the East Hill road between Jamesville and Rockwell Springs the left front wheel struck a loose boulder causing the car to overturn and resulting in the damage complained of.

p. 572

Edmund H. Lewis for appellant.

D. J. Seubert for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, Crane and Andrews, JJ. Dissenting: McLaughlin, J.