Schmit Ex Rel. Schmit v. Village of Cold Spring

Loring, Chief Justice.

This is an appeal from an order denying defendant’s motion for judgment or a new trial. The sole question presented for decision is whether there was negligence on the part of defendant.

The action was brought to recover damages for personal injuries to plaintiff, a six-year-old boy, who was burned by an open flare that had been placed as a warning in front of an open trench in one of defendant’s streets. A water main was being laid in a residential street, the work being done as a WPA project. The plans for the project were approved and the work authorized by the…