Freebold v. Town of Glen — 241 N.Y. 615

Majority

p. 615

Philip Freebold, Appellant, v. Town of Glen, Respondent.

Headnote

Negligence — towns — highways — bridges—fall of bridge while being crossed by motor truck loaded with gravel — action to recover for injury to motor truck and to driver — contributory negligence.

Freehold v. Town of Glen, 211 App. Div. 249 , affirmed.

(Argued December 15, 1925;

decided January 12, 1926.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1925, reversing a judgment in favor of plaintiff entered upon a verdict in an action to recover for personal injuries and for injury to property alleged to have been sustained through the negligence of defendant. Plaintiff

p. 616

drove his motor truck loaded with gravel across a bridge in the town of Glen, the bridge gave way, his truck and he were precipitated to the bed of the stream and he suffered the injuries complained of. There was evidence tending to show that he had been warned that the bridge was unsafe for a heavy load.

Edward L. Robertson for appellant.

Christopher J. Heffernan for respondent.

Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, on opinion of Van Kirk, J., below.

Concur: Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ. Not voting: His cock, Ch. J,