Bennett v. Town of Kent

Taylob, J.:

The jury has found that the plaintiff’s intestate met his death by drowning in the reservoir of the defendant city, in the town of Kent, Putnam county. He slipped from the edge of a narrow road or causeway running through the reservoir. The verdict necessarily includes findings of negligence on the part of the municipality and no contributory negligence on the part of the deceased. The complaint was dismissed as against the town of Kent as concededly the site of the accident was owned and con*24trolled exclusively by the defendant city. As to the defendant city, the negligent acts or…