Horey v. . Village of Haverstraw
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1888, which affirmed a judgment in favor of the plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 15, 1888, which affirmed a judgment in favor of the plaintiff entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages arising from the alleged negligence in allowing a highway, known as Warren avenue, to remain out of repair, in consequence of which plaintiff fell and broke his leg. The facts, so far as material, are stated in the opinion. The place where the plaintiff fell was riot a highway,…
1Opinion of the CourtParker, J.
The plaintiff alleged that his injuries were occasioned hy the neglect of the defendant to keep in safe and proper condition for public travel a certain street within the corporation limits known as Warren avenue.
The defendant denies that the place where the accident occurred was, at the time of its happening, a public highway.
An order laying out Warren avenue, as such, was made and filed in 1868, hut defendant asserted that easterly from a point, a little west of the intersection of Rockland street it had ceased to be traveled or used as a highway for six years prior thereto, and, therefore,…
2Cases cited3 opinions
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Beckwith v. . WhalenNew York Court of Appeals · 1877
- Christy v. NewtonNew York Supreme Court · 1871
3Cited by28 opinions
- Kirchen v. RemengaMichigan Supreme Court · 1939
- Murphy v. King CountyWashington Supreme Court · 1907
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Mangam v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1898
- City of Buffalo v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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