ROBINSON v. TOWN OF HECTOR


35 A.D.2d 858 (1970)

Elsie Robinson, as Administratrix of The Estate of Lawrence H. Robinson, Deceased, Appellant, v. Town of Hector, Respondent

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

November 5, 1970


Prior to dismissing the action the Judge found that there was sufficient proof to establish that the defendant's highway was negligently constructed and/or negligently signed at the place where the plaintiff's intestate left the highway causing death. Under the circumstances the trial court should not have nonsuited the plaintiff and granted a dismissal of the complaint, but should have submitted the case to the jury to decide the factual issues.

Judgment reversed...

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