Duren v. City of Binghamton

The motion for a nonsuit and dismissal of the complaint, so far as the same is based upon the contention that plaintiff failed to prove facts sufficient to constitute a cause of action or that the plaintiff was guilty of contributory negligence as a matter of law, is without merit. The evidence was ample to submit the question of negligence and contributory negligence to the jury.

The question involved on the reserved motion and now presented for determination is one of law, whether the defendant city is to be relieved from liability for its negligence through its employees because the acts in…