Campbell v. Powers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles W. Powers, as commissioner of highways, etc., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 18th day of November, 1913, upon the decision of the court, rendered after- a trial at the St. Lawrence Special Term, overruling a demurrer to the complaint.
1Opinion of the Court
Per Curiam :
The action is to recover damages for injuries sustained through a defective highway. The complaint alleges that the *863defendant was commissioner of highways of the town in which the highway was situated, and that he negligently permitted the same to become out of repair whereby plaintiff and .his property were injured. The defendant demurred to the complaint on the ground that it did not state facts sufficient to constitute a cause of action, in that the action was brought against the defendant personally instead of the town of which he was commissioner of highways. The learned…
2Cases cited5 opinions
- Davis v. . DavisNew York Court of Appeals · 1878
- Hover v. BarkhoofCommission of Appeals · 1870
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Boots v. . WashburnNew York Court of Appeals · 1879
3Cited by3 opinions
- Van Ingen v. Jewish HospitalNew York Supreme Court · 1917
- Weiler v. Town of OsceolaNew York Supreme Court · 1966
- Millens v. Town of GreenportNew York Supreme Court · 1931