Jolley v. County of Washington

271 A.D.2d 1046

Opinion

This action was brought to recover damages on the theory that defendant was negligent in failing to erect and maintain guardrails at the edge of a county highway where there was an abrupt drop of five or six feet into a ditch immediately adjacent to the highway, and from the judgment of dismissal, the plaintiff has appealed. At the close of the plaintiff’s case the trial judge granted a motion to dismiss it. In our opinion there are questions of fact for submission to and determination by a jury (Nicholson v. Town of Stillwater, 208 N. Y. 203; Countryman v. State of New Yorlc, 251 App. Div. 509, affd. 277 N. Y. 586; Huston V. County of Chenango, 253 App. Div. 56, affd. 278 N. Y. 646; Wagner v. City of Amsterdam, 256 App. Div. 144; Mason v. Town of Andes, 261 App. Div. 354, affd. 287 N. Y. 616). Judgment appealed from reversed on the law and facts, and a new trial granted, with costs to abide the event. All concur.