Cosgrove v. City of Newburgh

This is an action to recover damages for the death of plaintiff’s intestate, a passenger in an automobile owned by defendant O’Carroll and driven by another with the owner’s consent. By reason of the presence of ice on a public highway in the city of Newburgh the automobile skidded onto a railroad track and was struck by the locomotive of a passing freight train, causing the death of plaintiff’s intestate. The plaintiff recovered a judgment against defendant the city of Newburgh.

The court charged the jury that, inasmuch as the city manager had knowledge of the conditions existing on Renwick…