Holcomb v. Town of Champion
New York Supreme Court
Action by Jennie J. Holcomb against the town of Champion. Plaintiff received injuries on the 27th day of June, 1887, while driving a horse and •wagon with her two daughters, one 14 and the other 9, from her home towards .her brother’s residence. She came to a gulf or ravine about a half a mile from the village of Champion. Deer Lick creek runs through the gulf.
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Action by Jennie J. Holcomb against the town of Champion. Plaintiff received injuries on the 27th day of June, 1887, while driving a horse and •wagon with her two daughters, one 14 and the other 9, from her home towards .her brother’s residence. She came to a gulf or ravine about a half a mile from the village of Champion. Deer Lick creek runs through the gulf. There is an embankment raised some distance above retaining walls, and the traveled track was about 12 feet in width, and gradually sloped off to the retaining walls. The distance from the top of the walls down to the adjacent ground…
1Opinion of the CourtHardin, P. J.
When the trial judge delivered his charge to the jury he stated, viz.: “A recovery is to be had here, if at all, not by reason of the negligence of the town, but by reason of the negligence of the commissioners of highways with reference to the road; so that there is to be a finding on your part, in order to enable the plaintiff here to recover, in the first place, that the commissioners of highways in the town of Champion were guilty of negligence in not keeping this highway in a reasonably safe condition for public travel, which negligence caused this accident and these injuries. * * * If…
2Cases cited2 opinions
- Kennedy v. . MayorNew York Court of Appeals · 1878
- Maxim v. Town of ChampionNew York Supreme Court · 1888
3Cited by2 opinions
- Burns v. City of YonkersNew York Supreme Court · 1894
- Reid v. Town of RipleyNew York Supreme Court · 1891