Travis v. Town of Carrolton
New York Supreme Court
Appeal from a judgment entered on the verdict of a jury at the Cattaraugus circuit, and from an order at special term denying the defendant’s motion for a new trial on a case and. exceptions.
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Appeal from a judgment entered on the verdict of a jury at the Cattaraugus circuit, and from an order at special term denying the defendant’s motion for a new trial on a case and. exceptions. The evidence of the servant was to the effect that the planks upon the bridge, which ran lengthwise, were not nailed to the stringers; that the horses’ front feet, under the-strain caused by a slight up-grade at the approach, pawed or drew the planks back out of their place, threw them diagonally, and so made openings into which the horses’ feet fell, or in which they were held. In this view, the “…
1Opinion of the CourtDwight, J.
The action was for the loss of a pair of horses resulting from the alleged negligent construction- of a bridge on one of defendant’s highways. The negligence, if any existed, seems to have consisted in the omission to spike or otherwise fasten the planking to the' stringers of the bridge. Whether the planking was spiked, and if not, whether the omission to spike was negligence, and whether that negligence was the cause of the accident, were questions which were properly submitted to the jury upon evidence which sustains the verdict in all the particulars mentioned.
The question principally…
2Cases cited21 opinions
- Wiwirowski v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Heaney v. . Long Island R.R. Co.New York Court of Appeals · 1889
- Bond v. . SmithNew York Court of Appeals · 1889
- Wells v. Brooklyn City RailroadNew York Supreme Court · 1890
- Hanrahan v. Manhattan Railway Co.New York Supreme Court · 1889
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