Donaldson v. County of Erie

—Judgment unanimously affirmed without costs. Memorandum: Plaintiffs appeal from a judgment entered upon a jury verdict finding that defendant was not negligent in the maintenance of a County highway. Plaintiffs contend that Supreme Court erred in charging the jury that: "A municipality such as defendant, County of Erie, is not, however, an insurer of the safety of its roadways. The design, constructions and maintenance of public highways are entrusted to the sound discretion of the county authority, and so long as a highway may be said to be safe for persons who exercise reasonable care, the…