Mullen v. Village of Glens Falls
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Glens Falls, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clej-k of the county of Warren on the 15th day of June, 1896, upon the verdict of a jury rendered after a trial-at a Trial Term of the Supreme Court held in and for the county of Warren, and also from an order entered in said clerk’s office on the 16th day of June, 1896, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, The Village of Glens Falls, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clej-k of the county of Warren on the 15th day of June, 1896, upon the verdict of a jury rendered after a trial-at a Trial Term of the Supreme Court held in and for the county of Warren, and also from an order entered in said clerk’s office on the 16th day of June, 1896, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for personal injuries, resulting from the plaintiff’s being thrown…
1Opinion of the Court
Parker, P. J.:
The principle of law recognized in Whitney v. Town of Ticonderoga (53 Hnn, 214), and in Eggleston v. Columbia Turnpike Road Co. (82 N.Y. 278), which requires a town to exercise reasonable diligence to keep its streets free from obstructions that in their character are likely to frighten horses, and which renders it liable for an injury that results from its unreasonable neglect so to do, does not control the question presented by this appeal. Conceding that the use of a steam roller in a public street is sure to frighten horses, nevertheless to hold, for such reason, that its…
2Cases cited4 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Phelps v. . WaitNew York Court of Appeals · 1864
- Eggleston v. President, Directors & Co. of the Columbia Turnpike RoadNew York Court of Appeals · 1880
- Sheehy v. . BurgerNew York Court of Appeals · 1875
3Cited by7 opinions
- Buchanan's Sons v. Cranford Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Halstead v. Village of WarsawAppellate Division of the Supreme Court of the State of New York · 1899
- Nason v. West, New York County Courts1900
- Rector v. Syracuse Rapid Transit RailwayAppellate Division of the Supreme Court of the State of New York · 1901
- Minshell v. StateNew York Court of Claims · 1923
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