Dashnau v. City of Oswego

Clark, J.:

This is an appeal by plaintiff from an order of the Oswego Trial Term setting aside a verdict of $6,550 in favor of plaintiff and granting a new trial on the ground that the verdict was against the weight of evidence.

The action is to recover damages for personal injuries received by plaintiff on the night of September 25, 1920, when a motorcycle driven by him on one of the public streets of the city of Oswego struck a pile of crushed stone which had been left by defendant by the side of and partly on the beaten track of the road which resulted in overturning the motorcycle.…