Titus v. Town of New Scotland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John H. Titus, as administrator, etc., of Alexander Whitford, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Greene on the 24tli day of March, 1896, upon the dismissal of the complaint upon the merits, directed by the court, after a trial before the court and a jury, at a Trial Term of the Supreme Court held in and for the county of Greene.
1Opinion of the Court
Parker, P. J.:
The action is to recover against the defendant for its negligent omission to properly protect a bridge, and the approaches thereto, erected upon one of its highways. At the point where the bridge was located the highway between the fences was about thirty-three feet wide. The width of the traveled track between the ditches was about twenty feet. The bridge was twelve feet wide, and placed a little to the east of the center of the road. There were no guards of any kind upon either side of the bridge. The bridge and its abutments were on a level with the highway, so that there was…
2Cases cited4 opinions
- Stackus v. New York Central & Hudson River RailroadNew York Court of Appeals · 1880
- Stuber v. . McEnteeNew York Court of Appeals · 1894
- Harris v. . UebelhoerNew York Court of Appeals · 1878
- Titus v. Town of New ScotlandNew York Supreme Court · 1895
3Cited by2 opinions
- Hewett v. Town of ThurmanAppellate Division of the Supreme Court of the State of New York · 1899
- Witherbee, Sherman & Co. v. Wykes, New York County Courts1913