Nelson v. . Village of Canisteo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 20, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence in omitting to keep one of its streets in repair. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 20, 1882, which affirmed a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence in omitting to keep one of its streets in repair. The facts appear sufficiently in the opinion. The power of the trustees to make ordinances is of a legislative and judicial character, to be exercised at such time and in such manner as they in their judgment…
1Opinion of the CourtDanforth, J.
That the plaintiff was injured, and that the injury was occasioned by a cause over which the defendant had control and power of prevention, are two facts about which there is no dispute. The only question is, whether it was within the duty of the defendant as "well as within its power to act in relation to the matter. It was organized as a village in 1873, under the “ act for the incorporation of villages.” (Laws of 1870, chap. 291.) The injury was suffered by the plaintiff in December, 1877, while passing through one of its streets, by stumbling over a hatchway projecting into and above the…
2Cases cited1 opinion
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
3Cited by21 opinions
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- Wittorf v. City of New YorkNew York Court of Appeals · 2014
- Snook v. City of AnacondaMontana Supreme Court · 1901
- City of Decatur v. GilliamSupreme Court of Alabama · 1931
- Seymour v. Village of SalamancaNew York Court of Appeals · 1893
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