Hoffman v. City of Olean

Headnote

Municipal corporations — streets —- designation of street for coasting — when municipality liable for injury to child standing on curb.

Hoffman v. City of Olean, 206 App. Div. 787 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 12, 1923, unanimously affirming a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries alleged to have been sustained through the negligence of defendant. The common council of defendant, by resolution had designated West Sullivan street between Sixth and Tenth streets for coasting at certain hours. The plaintiff when injured was standing upon the curb of West Sullivan street, watching those coasting down the hill within the street. While thus standing a sled which was being drawn up the hill by a coaster on the rear of an automobile, by means of a rope attached to it and held by the coaster, was thrown from the roadway of the street

against him by the running into it of a sled with coasters, coasting down the hill, and- he received the injuries complained of.