Kilfoile v. City of Troy

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.