Murphy v. Village of Seneca Falls
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Alfred Murphy, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon a nonsuit granted by the court ■after a trial before the court and a jury at the Seneca Trial Term on September 25, 1899.
1Opinion of the Court
Adams, P. J.:
The plaintiff, while driving his mare in front of a two-wheeled road cart along Bridge street in the village of Seneca Falls on the afternoon of Saturday, April 10, 1897, caught one wheel of his cart on a stick of timber which projected from the side of the street, in consequence of which the cart was overturned and the plaintiff was thrown to the ground with such force as to fracture one of his legs. For the injury thus caused this action is brought.
The timber with which the plaintiff’s cart came in contact was some six or eight feet in length, four inches in width and eight or…
2Cases cited9 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Embler v. . Town of WallkillNew York Court of Appeals · 1892
- Werner v. City of RochesterNew York Supreme Court · 1894
- Werner v. . City of RochesterNew York Court of Appeals · 1896
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3Cited by7 opinions
- Boyd v. Kansas CitySupreme Court of Missouri · 1922
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
- Beyer v. . City of North TonawandaNew York Court of Appeals · 1906
- Jackson v. RichmondSupreme Court of Virginia · 1929
- Rafferty v. StateAppellate Division of the Supreme Court of the State of New York · 1941
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