Legal Opinion

Snowden v. Town of Somerset

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1900PublishedCited by 2 opinions

Appeal by the defendant, The Town of Somerset; from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 15th day of Sep tember, 1899, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 8th day of September, 1899, denying the defendant’s motion for a new trial made upon a case containing exceptions.

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Appeal by the defendant, The Town of Somerset; from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 15th day of Sep tember, 1899, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 8th day of September, 1899, denying the defendant’s motion for a new trial made upon a case containing exceptions. This action was commenced January 29,1898, to recover damages for injuries sustained by plaintiff in a highway in the town of Somerset in Niagara county, which was alleged to…

1Opinion of the Court

Spring, J.:

I am satisfied from the testimony that the negligence of the highway commissioner was not established, but, on the contrary, lie-exhibited the requisite care and vigilance in the performance of his-, duty. The sluice was on a short strip of road about one mile in length connecting two other highways. There were only three-residences on this road, and it was traveled but little. The plaintiff’s home was nearest to the sluice, and he was thoroughly familiar with the road and with all the surroundings. The commissioner of highways was engaged in repairing the sluice. The plank had…

2Cases cited5 opinions

  1. Beltz v. . City of YonkersNew York Court of Appeals · 1895
  2. Lane v. . Town of HancockNew York Court of Appeals · 1894
  3. Glasier v. . Town of HebronNew York Court of Appeals · 1892
  4. Waller v. Town of HebronAppellate Division of the Supreme Court of the State of New York · 1896
  5. Young v. Town of MacombAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. Amis v. Board of County CommissionersSupreme Court of Kansas · 1916
  2. John Lyth & Sons v. Town of Evans, New York County Courts1900

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