Knight v. Village of Fairport

Judgment and order affirmed, without costs of this appeal to either party. Memorandum: Although plaintiff was fully aware of the alleged dangerous condition of which she complains, the record is barren of any testimony that she was preoccupied, her attention distracted elsewhere, or of any excuse whatsoever for not having taken reasonable care to avoid the known danger. We agree with the trial court that plaintiff was contributorily negligent. Moreover, the record does not disclose any evidence to support a finding of negligence against the defendant village. (See Dowd v. City of Buffalo, 263…