Smith v. Town of Hudson

Three questions are argued: 1. Whether there was sufficient evidence of defendant’s negligenee. 2. WTiether the plaintiff was, as matter of law, guilty of contributory negligence. 3. Failure to instruct on the law of the road.

I. The sufficiency of the evidence of defendant’s negligence to go to the jury is not seriously argued. The accident occurred about 9 o’clock, Sunday evening, October 29, 1922. About two days before, a ditcb for a water-pipe connection had been dug from the west side to the center of Main Street in defendant town about the middle of the block between Third and Fourth…