Levi Weed, Respondent v. the Village of Ballston Spa, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the Village of Ballston Spa, as a municipal corporation created by charter, owed a duty to keep its streets in repair and to guard an open excavation, and that lack of funds did not excuse that duty. The trustees had actual notice of the trench and were negligent in failing to protect the public, while the plaintiff's alleged contributory negligence was deemed a factual issue for the referee. Accordingly, the village was liable for the plaintiff's injuries.