Kelly v. Town of Verona
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, J ohn B. Kelly, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 21st day of March, 1904, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 18th day of April, 1904, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Spuing, J.:
The plaintiff, with his two sisters, on September 30, 1901, was riding in a carriage drawn by one horse along a public highway in the defendant town when the horse, as it is claimed, broke through a hole in a defective bridge, tipping the carriage into the ditch and precipitating the plaintiff against the dashboard and injuring him.
The bridge was constructed of stone walls on either side, which supported stringers upon which planks were laid. Dirt and cinders entirely covered these planks to the depth of fifteen or twenty inches. The planks were about three feet above the bottom of…
2Cases cited1 opinion
- Allen v. Town of AllenAppellate Division of the Supreme Court of the State of New York · 1898