Shanley v. Town of Stillwater — 236 N.Y. 618

Majority

p. 618

Owen Shanley, Respondent, v. The Town of Stillwater, Appellant.

Headnote

Negligence — highways — damage to automobile through defect in highway.

Shanley v. Town of Stillwater, 201 App. Div. 232 , affirmed.

(Argued June 11, 1923;

decided July 13, 1923.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department,

p. 619

entered May 17, 1922, affirming a judgment in favor of plaintiff entered upon a verdict. The action was brought to recover damages for injury to an automobile truck, alleged to have been sustained by reason of a defect existing in one of the highways of the town of Stillwater by reason of the negligence of the town superintendent of highways of said town. The defect complained of consisted of a hole in the beaten and traveled part of the highway about three feet long, two feet wide and two or more feet deep. It was alleged that said defect had existed for so long a time that the town superintendent of highways, and the other officers, agents, servants and employees of the town should have known of the conditions.

Robert W. Fisher and George B. Lawrence for appellant.

Edward J. Donahue for respondent.

Judgment affirmed, with costs; no opinion.

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