Toms v. Town of Newfane

139 N.Y.S. 1147 Court N.Y. App. Div. Decision date 1913-01-22 English

Contents

Majority

p. 1147

TOMS, Respondent, v. TOWN OF NEWFANE, Appellant.

(Supreme Court, Appellate Division, Fourth Department.

January 22, 1913.)

Headnote

Action by Imo W. Toms against the Town of Newfane.

Judgment and order reversed, and new trial granted, with costs to appellant to abide event. Held, that the evidence fails to establish actionable negligence against the defendant.

KRUSE, J., dissents.