Buren v. Town of Richmondville

This is an action against the town of Richmondville for having negligently caused the death of the town’s superintendent of highways who was killed when a truck owned by the town was backed over him on a highway construction job. The jury returned a verdict against the town but the trial court set it aside and dismissed the complaint on the ground that the *488decedent was guilty of contributory negligence as a matter of law and that no negligence of the town was shown. From this order and the judgment entered thereon plaintiff appeals.

The appellant urges that she established upon the trial that…