SLATER v. TOWN OF ROCHESTER


31 A.D.2d 590 (1968)

Joyce E. Slater, an Infant, by Clarence Slater, Her Parent, et al., Respondents, v. Town of Rochester, Appellant

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

November 26, 1968


HERLIHY, J. P.

The accident occurred when an automobile owned and operated by Anna Slater, and in which her daughter Joyce was a passenger, allegedly drove into a hole on a bridge owned and maintained by the defendant Town of Rochester. The plaintiffs offered proof to show that the bridge on the day in question and for some time prior thereto had been in a "state of disrepair", of which the town had actual notice. There were factual issues of negligence...

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