Filsno v. City of Rochester

Judgment unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Memorandum: The complaint was dismissed at the close of plaintiff’s ease apparently upon the ground that there had been a failure to prove compliance with an ordinance of defendant city which provided in substance that the city should not be liable and no action might be maintained against it for damages in consequence of any sidewalk being defective unless written notice thereof had been given and there was a failure to repair within a reasonable time. In our opinion…