NAGEL v. TOWN OF CANDOR


280 A.D. 1020 (1952)

Stanley Nagel, Respondent, v. Town of Candor, Tioga County, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 17, 1952.


While the testimony is conflicting, the record contains evidence from which a jury could find that, contrary to the usual and customary practice on town road bridges, there was no guardrail, reflectors, or other marking on the westerly side of the bridge, and that this condition had continued for a substantial period of time prior to the accident, and was the proximate cause of the accident. The question of plaintiff's contributory negligence was properly left to the jury...

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