Appellate Division of the Supreme Court of New York, 1949

Turner v. Town of Naples

Turner v. Town of Naples
Appellate Division of the Supreme Court of New York · Decided January 19, 1949
274 A.D. 1086; 86 N.Y.S.2d 109; 1949 N.Y. App. Div. LEXIS 6165
Turner v. Town of Naples

Opinion of the Court

Judgment affirmed, with costs. Memorandum: Under the rather unusual situation in regard to grade, character of road surface, curve, and proximity of the drop off to the roadway, and under the charge of the court to which no exception was taken, we cannot say that the jury’s verdict is not supported by sufficient evidence. (See Mason v. Town of Andes, 261 App. Div. 354, affd. 287 N. Y. 616.) All concur. (The judgment is for plaintiff in a negligence action.) Present — Taylor, P. J., McCurn, Vaughan, Kimball and Piper, JJ.

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