Matchulot v. City of Ansonia

The finding, by which the adequacy of the charge must be tested, states that the defendant offered evidence that in the afternoon of Friday, December llth, 1931, employees of the American Brass Company, without the direction or knowledge of the defendant city, removed the five-by-five inch timber which formed the top rail of a barrier fence between North Fourth Street and a canal on the Brass Company’s property,1 and moved the bottom rail to and nailed it along the top of the posts, and that such was the condition of the fence at the time—■ Sunday evening December 13th—when an automobile…