Taylor v. Town of Constable
New York Supreme Court
Appeal from circuit court, Franklin county. Action by Herbert M. Taylor against the town of Constable for injuries sustained by the fall of a defective bridge in defendant town while plaintiff was driving on it. Plaintiff was nonsuited, and on his appeal the judgment was reversed, and a new trial granted. 10 H. Y. tiupp. 607. On the second trial he obtained a verdict, and from the judgment entered thereon defendant appeals.
1Opinion of the CourtLearned, P. J.
This case has already been before this court, and we are therefore somewhat familiar with the facts. On the first trial the learned justice nonsuited the plaintiff, substantially on the ground that, as the plaintiff wasoverseer of the highway, and had had some arrangements, as detailed in the evidence, with the commissioner of highways as to the repair of the bridge, he could not recover for his injury, although the bridge was proved unquestionably to be out of repair. We were of opinion that that was erroneous, and that the case should have gone to the jury. 10 N. Y. Supp. 607. On the second…
2Cases cited1 opinion
- Taylor v. Town of ConstableNew York Supreme Court · 1890