Ivory v. . Town of Deerpark
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department, entered upon an order made December 16, 1886, which affirmed a judgment in favor of the plaintiff, entered on a verdict. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the second judicial department, entered upon an order made December 16, 1886, which affirmed a judgment in favor of the plaintiff, entered on a verdict. The nature of the action and the material facts are stated in the opinion. The several towns are liable for all damages to person and property by reason of defective highways and bridges only in cases in which commissioners of highways were liable at the time of the passage of the act of 1881. (Laws of 1881, chap. 700, p. 935; Monk v. Town of New Utrecht, 104 N. Y. 552, 557.)…
1Opinion of the CourtBradley, J.
The action was brought, pursuant to chapter 700 of Laws of 1881, to charge the defendant with liability, and to recover damages for personal injuries of the plaintiff, alleged to have been occasioned by the negligence of the highway commissioners of that town. The cause of the plaintiff’s complaint was, that the commissioners failed to provide any barrier along the highway at the place in question, for the protection of travel, and that in consequence of such failure the plaintiff, in the evening of November 18, 1881, in driving along there in. a wagon, fell into an excavation and was injured.
2Cases cited6 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Talmage v. . HunttingNew York Court of Appeals · 1864
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3Cited by43 opinions
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Foley v. State of New YorkNew York Court of Appeals · 1945
- City of Columbus v. StrassnerIndiana Supreme Court · 1890
38 more not listed; retrieve them via the Exa API.