Horton v. MacDonald

The appeal of the highway commissioner is limited, practically, to two grounds: (1) that the commissioner was not negligent in having failed to have erected and maintained a railing or fence at the point of accident in South Main Street, Windsor Locks, for the reason that the law imposed no such duty upon him; (2) that the finding when corrected in the particulars as claimed by the appellant, would show, as a matter of law, that the negligence of the driver of the.automobile materially contributed to the injuries for which plaintiff sues. Neither ground can be disposed of without having…