DONALDSON v. COUNTY OF ERIE


209 A.D.2d 947 (1994)

619 N.Y.S.2d 425

Sharon Donaldson et al., Appellants, v. County of Erie, Respondent

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

November 16, 1994


Judgment unanimously affirmed without costs.

Memorandum:

Plaintiffs appeal from a judgment entered upon a jury verdict finding that defendant was not negligent in the maintenance of a County highway. Plaintiffs contend that Supreme Court erred in charging the jury that: "A municipality such as defendant, County of Erie, is not, however, an insurer of the safety of its roadways. The design, constructions and maintenance of public highways are entrusted to the...

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