Browne v. Town of Mount Hope
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Mount Hope, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 2d day of May, 1902, denying the defendant’s motion to change the place of trial of the action from the county of Kings to the county o
1Opinion of the Court
Willard Bartlett, J.:
In the exercise of a fair discretion we are constrained to conclude that the venue herein should be changed to Orange county, where the cause of action arose. The plaintiff seeks to render the defendant liable for the death of her husband, which is alleged to have been caused by the neglect of the commissioner of highways in the town of Mount Hope to provide a sufficient guard or fence upon a road leading to the village of Otisville. It is alleged in the complaint that this road has been a highway, under the control and superintendence of the commissioner of highways, for…
2Cases cited2 opinions
- Lyman v. Gramercy ClubAppellate Division of the Supreme Court of the State of New York · 1898
- Kubiac v. ClementAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Weidenfeld v. McClureAppellate Division of the Supreme Court of the State of New York · 1903