Brown v. . German Rock Asphalt Co.

When the respondent left the trench in December preceding the accident it was in a safe condition not only for pedestrians but for public travel generally. An inspector of streets for the city of Buffalo testified that he then inspected the trench and that the work had been performed by the respondent in the usual way and that there was nothing for him to criticize or order changed; that there were no depressions or holes left in the street, and, in fact, that the trench had been filled and smoothed over in the way in which similar work was and for years had been done by all the asphalt…