Finkelstein v. Brooks Paving Co.

CARROLL, CHAS., Chief Judge.

Appellant sued North Bay Village and the contractor and subcontractor engaged in resurfacing its streets, asking damages for personal injuries and property damage which resulted when he drove his automobile onto an obstruction in a street under repair. His complaint was dismissed, on the granting of defendants’ motions for summary judgment, and this appeal followed.

The motions for summary judgment were heard on the pleadings on interrogatories addressed to the parties and the answers thereto, and on a discovery deposition of plaintiff. From these the following…