New York Court of Appeals
Congreve v. . Morgan and Smith.
September 5, 185818 N.Y. 84
Summary
The New York Court of Appeals affirmed the judgment for the plaintiff, holding that defendants who excavated a highway and covered it with an unsafe stone are liable for injuries caused by that unsafe condition, regardless of negligence or notice. The court emphasized a strict duty to keep public highways safe as a matter of public interest.