Laura Requa, as Administratrix v. the City of Rochester, Appellant

Summary

The Court affirmed the judgment for the plaintiff, holding that the alley had become a public way under the city charter and that the city owed a mandatory duty to keep the bridge over the alley safe. Because the defect in the bridge had become notorious and the city had constructive notice, the city was liable for the plaintiff's injuries. The Court rejected the city’s claim of discretionary authority and found no contributory negligence on the part of the plaintiff.