Blaschke v. City of Watertown

{dissenting). I dissent from the decision in this case for two reasons : (1) The condition complained of was not a defect; and (2) the verdict is fatally inconsistent.(1) In my opinion, the condition of the road, if it was a public road, which I very much doubt under the evidence, notwithstanding the admission of the answer that “Hall street is a public street,” as matter of law, did not render it *6unsafe in view of the fact that it was only a cul de sac not at all used by the public, but only by the two abutting farmers, as means of access to their adjacent fields. The platting of land does…