Jack v. Town of Greece

In the trial of this case the court followed the rule laid down in Kiernan v. Mayor (14 App. Div. 156), cited by Judge Cardozo in Stern v. Int. Ry. Co. (220 N. Y. 284, 294), where it was held that a defect in a highway, although one of original construction, would not excuse the town from a liability for negligence in the maintenance of the highway. The theory of such a ruling is that the courts will not substitute their judgment for that of towns .in planning a public improvement, but, when the improvement has been made, they will hold towns to their obligation to keep the improvement, if a…