New York Court of Appeals

James Flansburg, Respondent v. the Town of Elbridge, Appellant

May 21, 1912205 N.Y. 423

Summary

The New York Court of Appeals reversed the judgment in favor of the plaintiff and ordered a new trial. It held that the town was not liable because the plaintiff strayed off the prepared roadway, that the highway commissioners owed no duty to maintain a guard rail on the north side of the culvert, that notice to the town clerk did not constitute notice to the town, and that evidence of a prior accident was inadmissible.