Annino v. City of Utica

Taylor, J. (dissenting).

The jury had warrant to find that the defendant chose to fulfill its obligation to use reasonable care to prevent automobile drivers from driving into the open manhole at night —in all kinds of weather reasonably to be anticipated — by placing a loosely attached “ flare ” light or “ bomb ” (so called) upon a tripod standing over the manhole; that plaintiff and the driver of the automobile approaching the manhole at night during a heavy rainstorm and in the exercise of reasonable alertness and at a reasonable speed did not see the fight and contact between the…