City of Cold Spring v. Ross

PALMORE, Judge.

The City of Cold Spring appeals from a judgment entered against it pursuant to a jury verdict awarding the appellee, Ralph Ross, $30,000 for personal injuries and damages arising out of an accident in which his right foot was run over and crushed by a backhoe, a heavy piece of earth-moving equipment which was being used to dig through frozen ground to a broken water main. Though several errors are alleged, we have found it necessary to consider only the question of whether the city was entitled to a directed verdict.

Our decision calls for a detailed statement of the facts.

U. S.…