Hyatt v. Trustees of Rondout
New York Supreme Court
'IjTOTION for a new trial. This was an action brought by _JJL the plaintiff, Stephen Hyatt, against the defendants, the trustees of the village of Eondout, to recover for injuries, which the plaintiff alleges he had sustained, whilst traveling with a horse and wagon from Wilbur to Eondout, in consequence of the road being out of repair, such road being within the limits of the village of Eondout. The answer was simply a general denial.
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'IjTOTION for a new trial. This was an action brought by _JJL the plaintiff, Stephen Hyatt, against the defendants, the trustees of the village of Eondout, to recover for injuries, which the plaintiff alleges he had sustained, whilst traveling with a horse and wagon from Wilbur to Eondout, in consequence of the road being out of repair, such road being within the limits of the village of Eondout. The answer was simply a general denial. The cause was tried at the Ulster circuit on the 25th day of March, 1863, before Mr. Justice Peckham and a jury. . The facts of the case were as follows : The…
1Opinion of the CourtHogeboom, J.
The defendants offered to prove that the condition of the highway in question was worse in some other places, and especially those out of the village bounds, than it was at the place complained of. There is no ground upon which the admission of such evidence can be reasonably urged. If the defendants were more negligent elsewhere, it furnishes no reason for not holding them liable here. And if other authorities or public officers were more negligent than the defendants, it can not exempt the defendants from responsibility. Nor does it in any legitimate way tend to prove the plaintiff’s…
2Cases cited8 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
- People v. Commissioners of Highways of City of HudsonNew York Supreme Court · 1831
- Hutson v. Mayor of New YorkThe Superior Court of New York City · 1851
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Collins v. City of Council BluffsSupreme Court of Iowa · 1871
- Soper v. Henry CountySupreme Court of Iowa · 1868
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Saulsbury v. . Village of IthacaNew York Court of Appeals · 1883
12 more not listed; retrieve them via the Exa API.