Carpenter v. . City of Cohoes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment for the defendant entered upon the report of a referee.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment for the defendant entered upon the report of a referee. This action was brought to recover damages for alleged negligence on the part of defendant, in permitting an approach to a bridge within the corporate bounds of the city and a part of a pubhc'highway, to be and remain without any railing or barrier upon the sides, in consequence of which the horse and wagon of the plaintiff fell down the bank and the horse was killed and the wagon injured. The facts are set forth…
1Opinion of the CourtRapallo, J.
The findings of the referee show that the place where the plaintiff’s horse and wagon were injured was the public property of the State of Hew York, and a part of its public works, known as the Erie canal, being one of the approaches to the bridge which spanned the canal. It appears from the evidence that this bridge was a change bridge, used for the passage of the draft horses from one side of the canal to the other. The approach in question crossed the tow-path on the easterly side of the canal, and enabled the horses to ascend from the tow-path to the bridge. On the southerly side of this…
2Cases cited1 opinion
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
3Cited by18 opinions
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Board of Commissioners v. DeprezIndiana Supreme Court · 1882
- Board of Commissioners v. Washington TownshipIndiana Supreme Court · 1890
- Langlois v. City of CohoesNew York Supreme Court · 1890
- Mexican National Railway Co. v. CrumCourt of Appeals of Texas · 1894
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