Wood v. Town of Gilboa
New York Supreme Court
Appeal from circuit court, Schoharie county. Action by Francisco Wood against the town of Gilboa to recover damages for alleged negligence of defendant in keeping a highway, whereby plaintiff was injured. From a judgment entered on a verdict in favor of plaintiff for $1,300 and $239.01 costs, defendant appeals. Affirmed.
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Appeal from circuit court, Schoharie county. Action by Francisco Wood against the town of Gilboa to recover damages for alleged negligence of defendant in keeping a highway, whereby plaintiff was injured. From a judgment entered on a verdict in favor of plaintiff for $1,300 and $239.01 costs, defendant appeals. Affirmed. The accident is described in plaintiff’s claim as follows: On the 20th day of April, 1891, I was carefully driving with my horse and wagon along and upon the public highway in said town leading from what is known as “Church Hill” to Main street, in the village of Gilboa; and,…
1Opinion of the CourtPutnam, J.
Questions similar to those presented in this action have been so often passed upon that an opinion seems unnecessary. The case of Maxim v. Town of Champion, 50 Hun, 88, 4 N. Y. Supp. 515; Id., 119 N. Y. 626, 23 N. E. 1144, and many other authorities which might be cited, have established the doctrine that it is a question of fact for a jury whether a town is or is not negligent in failing to erect suitable railings along the side of a highway in dangerous places. That question was fairly and properly submitted to the jury in this case, and the verdict establishing the negligence of defendant…
Also in this document: Concurrence.
2Cases cited7 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Roche v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1887
- Kennedy v. . MayorNew York Court of Appeals · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Phoenix v. MayfieldArizona Supreme Court · 1933
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1919
- Waller v. Town of HebronAppellate Division of the Supreme Court of the State of New York · 1896
- Fox v. Union Turnpike Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Thompson v. Town of BathAppellate Division of the Supreme Court of the State of New York · 1911
6 more not listed; retrieve them via the Exa API.