Rising v. Town of Moreau

The plaintiff, alleging the negligence of the commissioner of highways of the town of Moreau, brought this action to recover for damages to his horse caused by a failure to properly guard a bridge on the highway from S'outh Glens Falls to Spier Falls. Trial of the issues before a justice of the peace without a jury resulted in a verdict for the plaintiff, and the town has appealed.

At a point on said highway near a place known as the Sherman farm, there is a bridge thirteen feet long by five and one-half feet wide, which crosses the highway. Railings or barriers had been originally placed…