Greenberg v. City of Kingston

51 N.Y. St. Rep. 939 Court N.Y. Sup. Ct. Decision date 1893-02-15 English

Delivered by Herrick, J.

Contents

Majority

p. 939

Caroline Greenberg, Resp’t, v. The City of Kingston, App’lt.

G. D. B. Hasbrouck, for app’lt; Charles Irwin, for resp’t.

I can see no reason for an opinion.

The question of contributory negligence was for the jury.

The city by working the street in question had accepted it, and had no business to have such an excavation in it so near the traveled way.

Judgment should be afffijjned, with costs and disbursements.

Mayham, P. J., and Putnam, J., concur.