Shaw v. Town of Potsdam
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Town of Potsdam and another, from a 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 23d day of February, 1895, upon the verdict of a jury rendered after a trial at the St. Lawrence Circuit, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 25th day of March, 1895, denying the defendants’ motion for a…
Read the full summary
Appeal by the defendants, The Town of Potsdam and another, from a 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 23d day of February, 1895, upon the verdict of a jury rendered after a trial at the St. Lawrence Circuit, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 25th day of March, 1895, denying the defendants’ motion for a new trial made upon the minutes. Also, an appeal by the defendant, The Town of Potsdam, from an order entered in said…
1Opinion of the Court
Putnam, J.:
An extended discussion of this case is not required. We are of opinion that the position taken by the defendants on the trial, that, a joint action could not be maintained against them, was properly overruled by the court below. We concur in the conclusion reached in this regard in the opinions in the cases of Oakley v. Town of Mamaroneck (39 Hun, 448) and Clapp v. Town of Ellington (87 id. 542). As the duty of repairing the bridge in question was. imposed upon the commissioners of highways of both towns, it *510necessarily follows that, for damages resulting from a negligent omission…
2Cases cited2 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Bullock v. Town of DurhamNew York Supreme Court · 1892
3Cited by7 opinions
- Fox v. . Village of ManchesterNew York Court of Appeals · 1905
- Spencer v. Town of SardiniaAppellate Division of the Supreme Court of the State of New York · 1899
- Vandewater v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 1902
- Allen v. Town of AllenAppellate Division of the Supreme Court of the State of New York · 1898
- Vandewater v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 1902
2 more not listed; retrieve them via the Exa API.