Jablonor v. Village of Rockville Centre

Headnote

Negligence — villages — highways — action against village for death from accident caused by defect in highway — complaint properly dismissed where defect was in approach to bridge for which town alone was responsible.

Jablonor v. Village of Rockville Centre, 215 App. Div. 713 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 3, 1925, affirming a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and directing a dismissal of the complaint in an action to recover for the death of plaintiff’s intestate alleged to have been occasioned through the negligence of defendant. Intestate died from the result of injuries received through the overturning of an automobile in which he was riding alleged to have been caused by an unguarded hole or depression in one of defendant’s highways. The trial court held that as matter of law the part of the high

way where the accident occurred was an approach to and part of a bridge for a defect in which the town of Hemp-stead and not defendant was responsible.

Judgment affirmed, with costs;