Rose v. Town of Richmond

Davis, J.:

The complaint alleges negligence on the part of an employee of defendant resulting in plaintiff’s injury. At the time of the accident she was a passenger in an automobile driven along a dirt road in the defendant town. Defendant’s truck was proceeding along the road in an opposite direction. There was no collision between the vehicles, but the accident is alleged to have occurred because the automobile was forced off the highway through the negligence of the driver of the truck.

The defendant is a town in Ontario county. The plaintiff has brought the action in Erie county where she…