159 N.Y.S. 71 | N.Y. App. Div. | 1916
It is the duty of a municipality to keep its streets free from obstructions. Here the municipality invited obstructions. The rubbish was not kept within the limits of the premises of the property owners but was deposited into the streets by invitation of the village officers who seemed to have assumed the responsibility of removing undesirable objects for the benefit of the residents instead of requiring or at least allowing the resi
The judgment and order should be reversed and a new trial granted, with costs to the appellant to abide the event.
All concurred, except Kellogg, P. J., dissenting.
Judgment reversed and new trial granted, with costs to appellant to abide event.