Morey v. Town of Newfane
New York Supreme Court
Demurrer to complaint. The nature of the action, and the legal questions raised by the demurrer, appear in the opinion of the court.
1Opinion of the CourtSelden, J.
The complaint in this case alledges, and the demurrer admits, that the plaintiff being the owner of a span of horses, and harness, was on or about the 3d day of May, 1845, driving said horses along a public highway or road within the said town of Newfane. That the road was so much out of repair, and in such a ruinous and unsafe condition, through the negligence of the said town and its officers, that although the plaintiff drove his horses carefully and skilfully, they were thrown off the said road into a stream of water and drowned. That at the annual town meeting held in and for said town,…
2Cases cited7 opinions
- Mower v. Inhabitants of LeicesterMassachusetts Supreme Judicial Court · 1812
- Stewart v. AhrenfeldtNew York Supreme Court · 1847
- Chidsey v. Town of CantonSupreme Court of Connecticut · 1846
- People v. Commissioners of Highways of City of HudsonNew York Supreme Court · 1831
- Hendricks v. WaldenCourt for the Trial of Impeachments and Correction of Errors · 1819
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3Cited by33 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Beach v. LeahySupreme Court of Kansas · 1873
- Board of Commissioners v. AllmanIndiana Supreme Court · 1895
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
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