Mary A. Hines, Respondent v. the City of Lockport, Appellant

Summary

The Court held that the City of Lockport had a ministerial duty to keep a crosswalk it had constructed in safe condition, and that the city could not escape liability by claiming the power to repair was discretionary or by asserting lack of funds. Accordingly, the order of the General Term granting a new trial was affirmed and the plaintiff was awarded the damages found by the referee.