Warner v. City of Albany

Plaintiff Velma Harriet Warner was injured when a bench tipped over as she sat down upon it. The bench was owned and maintained by the city of Albany in Lincoln Park, a public park. The trial justice dismissed the complaint at the close of plaintiff’s case. The only evidence upon which negligence could possibly be predicated was that given by a police officer, who testified that shortly after the accident he examined the bench and found a pin missing. There was no proof as to what caused-the pin to be missing, how long it had been missing, or that the city had any notice of any defective…