Wallace v. Village of Canandaigua 223 N.Y. 543

John H. Wallace, Appellant, v. Village of Canandaigua, Respondent.

Wallace v. Village of Canandaigua, 153 App. Div. 938, affirmed.

(Argued February 12, 1918;

decided February 26, 1918.)

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 27, 1912, reversing a judgment in favor of plaintiff entered upon a verdict and granting a new trial in an action to recover for personal injuries alleged to have been sustained by plaintiff through the maintenance by the defendant of a public nuisance. The complaint alleged that while the plaintiff was passing along Bristol street in the village of Canandaigua, riding in a carriage hitched to a horse which the plaintiff was driving, the horse became frightened at a large stone or boulder located on said street at a point where Bristol street joins another street extending northerly from Bristol street; that the plaintiff’s carriage was upset, plaintiff thrown to the ground and received the injuries complained of. The defendant contended that the boulder *544in question was a public monument and did not constitute a nuisance.

John Colmey and P. H. Leahy for appellant.

Horace W. Fitch for respondent.