Sewell v. . City of Cohoes
New York Court of Appeals
Appeal from j uclgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 Hun, 626.) This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through defendant’s negligence in permitting a bridge or tramway to remain across one of the streets of the city, obstructing travel thereon.
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Appeal from j uclgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 11 Hun, 626.) This action was brought to recover damages for injuries alleged to have been sustained by plaintiff through defendant’s negligence in permitting a bridge or tramway to remain across one of the streets of the city, obstructing travel thereon. It appeared that there was a strip of land in said city, along the Erie canal, about fifty feet wide, running from White street to a bridge across the canal.…
1Opinion of the CourtMiller, J.
The plaintiff was injured by coming in contact with a bridge or tramway, which was placed across the street through which he was driving the team under his charge; The officers of a municipal corporation are vested with authority as commissioners of highways, in regard to the streets within its limits, and as such are agents of the corporation so as to make the latter civilly responsible for acts of omission or commission according to the law applicable to master and servant. (Conrad v. The Trustees of the Village of Ithaca, 16 N. Y., 158; Weet v. The Trustees of Brockport, id., 161; Wyatt v.…
2Cases cited10 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Mayor v. SheffieldSupreme Court of the United States · 1867
- Houfe v. Town of FultonWisconsin Supreme Court · 1874
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- City of Fort Wayne v. CoombsIndiana Supreme Court · 1886
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Jewhurst v. . City of SyracuseNew York Court of Appeals · 1888
- Shinners v. Proprietors of Locks & Canals on Merrimack RiverMassachusetts Supreme Judicial Court · 1891
32 more not listed; retrieve them via the Exa API.