Sutphen v. Town of North Hempstead
New York Supreme Court
Appeal from circuit court, Queens county. Action by Victor M. Sutphen against the town of North Hemp- • stead for personal injuries. From a judgment entered ón a verdict in favor of plaintiff for $1,000, and from an order denying a new trial, • defendant appeals. Reversed.
1Opinion of the CourtBrown, P. J.
The accident which resulted in the plaintiff’s injuries occurred upon a public highway in the town of North Hemp- - stead about sundown on an evening in August, 1892. The highway *129ran east and west on a hill, upon the top of which it passed through a deep cut. A gutter or ditch existed upon the side of the road to carry off the surface water. Shortly before the accident, the commissioner of highways had deepened the ditch, and at the place of the accident the bottom was about 2-} feet below the crown of the road. The side next to the beaten track was cut down vertically about a foot or 18…
2Cases cited3 opinions
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Glasier v. . Town of HebronNew York Court of Appeals · 1892
3Cited by8 opinions
- Appalachian Power Co. v. WilsonSupreme Court of Virginia · 1925
- Leslie v. City of Grand RapidsMichigan Supreme Court · 1899
- Neidhardt v. City of MinneapolisSupreme Court of Minnesota · 1910
- Gagnier v. City of FargoNorth Dakota Supreme Court · 1902
- Morrison v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1899
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