New York Court of Appeals

John B. Kunz, as Administrator v. the City of Troy, Respondent

February 1, 1887104 N.Y. 344

Summary

The Court of Appeals reversed the nonsuit, holding that the City of Troy could be liable for failing to remove an unlawful obstruction despite only implied notice, that a child of tender years cannot be deemed contributorily negligent, and that parental negligence is not automatic; the case was remanded for trial.