Smith v. Dygert
New York Supreme Court
This was an appeal from the Herkimer county court. The cause was originally commenced by Smith, against Dygert, before a justice of the peace, to recover the penalty of §5, given by statute for preventing the passage of the plaintiff’s sleigh, upon a highway.
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This was an appeal from the Herkimer county court. The cause was originally commenced by Smith, against Dygert, before a justice of the peace, to recover the penalty of §5, given by statute for preventing the passage of the plaintiff’s sleigh, upon a highway. The plaintiff declared against the defendant “ for refusing to turn to the right, and give to him the use of his half of the public highway, when traveling thereon with his team, in the town of Russia, in said county, on or about the 7th day of January, 1851, to his damage §100.” The defendant denied the allegations in the complaint, and…
1Opinion of the Court
*615By the Court,
Hubbard, J.
The revised statutes (1 R. S. 695, § 1,) provide that whenever any persons traveling with any carriages shall meet on any turnpike road or public highway in this state, the persons so meeting shall seasonably turn their carriages to the right of the center of the road, so as to permit such carriages to pass without interference or interruption, under the penalty of five dollars for any neglect or offense, to be recovered by the party injured. The center of the road as defined in Earing v. Lansingh, (7 Wend. 185,) is the center of the worked part, irrespective of the…
2Cases cited1 opinion
- Earing v. LansinghNew York Supreme Court · 1831
3Cited by3 opinions
- Quinn v. O'KeeffeAppellate Division of the Supreme Court of the State of New York · 1896
- Mooney v. Trow Directory, Printing & Bookbinding Co.New York Court of Common Pleas · 1893
- Quinn v. O'KeefeeAppellate Division of the Supreme Court of the State of New York · 1896