Annino v. City of Utica

Plaintiff recovered a verdict for personal injuries received through the negligence of the city of Utica in the erection and maintenance of an obstrue tian in one of the city streets. Judgment entered upon the verdict was reversed by the Appellate Division on questions of law only and the complaint dismissed, with costs. It was held as matter of law that there was no evidence upon which a charge of negligence against the city could be sustained. In so deciding, the Appellate Division was, we think, in error.

The accident happened at about 7:05 o’clock on the evening of September 16, 1934.…