Maxim v. Town of Champion
New York Supreme Court
Appeal from circuit court, Jefferson county. This was an action by Frank E. Maxim against the town of Champion, to recover damages for personal injuries sustained by plaintiff by falling from an embankment or bridge across a ravine in defendant town; said embankment being a part of the public highway. The evidence showed that plaintiff was mot familiar with the locality, and that the accident occurred about 9 o’clock .at night. He testified: “It was very dark and rainy.
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Appeal from circuit court, Jefferson county. This was an action by Frank E. Maxim against the town of Champion, to recover damages for personal injuries sustained by plaintiff by falling from an embankment or bridge across a ravine in defendant town; said embankment being a part of the public highway. The evidence showed that plaintiff was mot familiar with the locality, and that the accident occurred about 9 o’clock .at night. He testified: “It was very dark and rainy. I thought we had gone about far enough, and began to look around for the turn. I had never ¡been over the road before,…
1Opinion of the CourtHardin, P. J.
Carefully and clearly the trial judge submitted the question* of fact to the jury, in respect to whether or not the plaintiff was guilty of contributory negligence on the occasion of receiving the injuries complained of. We think the evidence warranted the submission of that question to the* jury, and that their verdict is conclusive upon that aspect of the case.
The trial judge also submitted to the jury, upon the whole evidence, the question whether “ this road at the point where this accident occurred, on and prior to the date of the accident, was in a reasonably safe and suitable condition…
2Cases cited13 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Lansing v. SmithNew York Supreme Court · 1828
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wood v. Town of GilboaNew York Supreme Court · 1894
- Burns v. City of YonkersNew York Supreme Court · 1894
- Atwater v. Town of VeteranNew York Supreme Court · 1889
- Fay v. Town of LindleyNew York Supreme Court · 1890
- Holcomb v. Town of ChampionNew York Supreme Court · 1891
4 more not listed; retrieve them via the Exa API.