Frederick E. Hubbell, an Infant by Guardian v. the City of Yonkers, Appellant

Summary

The New York Court of Appeals reversed the lower court's judgment, holding that the City of Yonkers was not negligent for failing to fence an embankment because no duty to guard the area existed and the charter provision was permissive, not mandatory. The court emphasized that the accident was a rare, unforeseeable event and that the roadway was otherwise in first‑class condition.