A municipality brought a motion for summary judgment seeking dismissal of a negligence claim arising from a motor vehicle accident allegedly caused by a curb stone that had moved from a grassy boulevard onto a roadway.
The dispute centered on which municipality had jurisdiction over the portion of the boulevard from which the curb stone originated.
Evidence including a survey established that the relevant land fell within the jurisdiction of another municipality that was responsible for roadway maintenance under the Municipal Act.
The court held that the moving municipality had no legal responsibility for the hazard and therefore owed no duty in respect of the curb stone.
Summary judgment was granted dismissing the action against the moving municipality.
