Kilfoile v. City of Troy

Appellate Division of the Supreme Court of New York

Kilfoile v. City of Troy

243 A.D. 847

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1935·Published

Opinion

Plaintiff sustained personal injuries by falling into a defective manhole at Congress and Christie streets, in the city of Troy. There is evidence from which the jury might find that defendant had constructive notice of the existence of the alleged defect. In addition to that there was proof from which the jury might have found that defendant’s officers had actual notice. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

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Plaintiff sustained personal injuries by falling into a defective manhole at Congress and Christie streets, in the city of Troy. There is evidence from which the jury might find that defendant had constructive notice of the existence of the alleged defect. In addition to that there was proof from which the jury might have found that defendant’s officers had actual notice. Judgment and order unanimously affirmed, with costs. Present — Hill, P. J., McNamee, Crapser, Bliss and Heffernan, JJ.

Kilfoile v. City of Troy, 243 A.D. 847 (N.Y. Ct. App. 1935).

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