City of Albany v. Black

Counts 1, 5, and 7 of the complaint, upon which the case went to the jury, sufficiently state a cause of ac tion, and are not subject to any of the grounds of demurrer interposed.

When an intentional obstruction of a public street is charged as the act of the municipality itself, the question of notice to the municipality of the existence of such an obstruction, as an element of liability to one injured thereby, is wholly immaterial. 28 Oye. p. 1387, § 3.

The material facts relating to the obstruction complained of are as follows:

In order to protect a sick man from the annoyance of passing…