Elizabeth A. Clapper, Respondent v. the Town of Waterford, Appellant

Summary

The Court of Appeals reversed the judgment for the plaintiff and ordered a new trial, holding that the town was not liable under the 1881 statute because the highway commissioner lacked both funds and negligence, and that the trial court erred by admitting evidence of post‑accident repairs and by failing to charge the jury on the commissioner’s duty and diligence.