Blume v. City of Newburgh

No evidence of any violation of duty on the part of the appellant that had any causal relation to the accident was shown. To cast appellant in damages under the facts of this case would be imposing upon the city a responsibility greater than reasonable caution requires. (Thompson v. Board of Education, 280 N. Y. 92; Curcio v. City of New York, 275 N. Y. 20; Peterson v. City of New York, 267 N. Y. 204; Miller v. Board of Education, Union Free School Dist. No. 1, Town of Oyster Bay, 249 App. Div. 738.) Lazansky, P. J., Carswell, Johnston and Adel, JJ., concur; Close, J., dissents and votes to…