Titus v. Town of New Scotland
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Greene county. Action by John H. Titus, administrator of Alexander Whitford, deceased, against the town of New Scotland. From a judgment of nonsuit, plaintiff appeals.
1Opinion of the CourtParker, P. J.
The action is to recover against the defendant for its negligent omission to properly protect a bridge and the approaches thereto, erected upon one of its highways. At the point where the bridge was located the highway between the fences was about 33 feet wide. The width of the traveled- track between the ditches was about 20-feet. The bridge was 12 feet wide, and placed a little to the east of the center of the road. There were no guards of any kind upon either side of the bridge. The bridge and its abutments were on a level with the highway, so that there was practically no rise in driving…
2Cases cited6 opinions
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Harris v. . UebelhoerNew York Court of Appeals · 1878
- Baldwin v. Van DeusenNew York Court of Appeals · 1868
- Titus v. Town of New ScotlandNew York Supreme Court · 1895
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