
    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 in question was a public monument and did not constitute a nuisance.
    
      John Colmey and P. H. Leahy for appellant.
    
      Horace W. Fitch for respondent.
   Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.  