Clark v. City of Rochester

Order unanimously reversed and a new trial granted, with costs to the appellant to abide the event. Memorandum: The proof upon the trial presented a factual issue for resolution by the jury as to whether the damages sustained by *714plaintiffs were proximately caused by the negligence of the defendant and without negligence on thé part of either plaintiff. It was er'ro'r for" the trial court to direct a verdict in favor of plaintiffs on these issues. Plaintiffs (husband and wife) were in an automobile owned by the husband which the wife drove over a manhole cover in the center of a city street.…