55 Barb. 239 | N.Y. Sup. Ct. | 1869
The defendants had sole charge of the city hall park, and were bound to so manage it that life should be protected. If the pole, the removal of which caused the injury to the plaintiff’s daughter, was dangerous, the defendants were bound to
It is entirely immaterial whether the injury was caused by the liberty pole, directly, or by the telegraph pole being driven by the liberty pole. It was the unskillful removal of the liberty pole which caused the injury.
Judgment affirmed, with costs.
Clerke, Geo. G. Barnard and Cardozo, Justices.]