Glasier v. . Town of Hebron
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made the fourth Tuesday of November, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. Neither the highway nor the want of a guard or railing was the proximate cause of the accident to plaintiff.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made the fourth Tuesday of November, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. Neither the highway nor the want of a guard or railing was the proximate cause of the accident to plaintiff. Negligence is not actionable unless it is the proximate cause of the injury. (Lowery v. W. U. T. Co., 60 N. Y. 198; Smith v.…
1Opinion of the CourtPeckham, J.
The plaintiff brings this action against the defendant to recover for personal injuries sustained by her by Season of the negligence of the defendant. That negligence consisted, as alleged by the plaintiff, in the failure on the part of the defendant to take proper care in guarding a public highway in the town of Hebron, in consequence of which negligence the road was unsafe and dangerous to travel over. The plaintiff alleged that on the 24th of March, 1888, while she was riding in a cutter drawn by one horse over the highway leading from West Pawlet to Hebron, and known as the West Pawlet…
2Cases cited1 opinion
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
3Cited by24 opinions
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Snowden v. . Town of SomersetNew York Court of Appeals · 1902
- Corley v. Cobb CountyCourt of Appeals of Georgia · 1917
- Dorrer v. Town of CallicoonAppellate Division of the Supreme Court of the State of New York · 1918
- Waller v. Town of HebronAppellate Division of the Supreme Court of the State of New York · 1896
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