Shaw v. Town of Potsdam
Appellate Division of the Supreme Court of the State of New York
Appeal from circuit court, St. Lawrence county. Action by William Shaw against the towns of Potsdam and Madrid for personal injuries caused by the fall of a bridge. From a judgment in favor of plaintiff entered on a.verdict, and from an order denying a motion for a new trial, defendants appeal.
1Opinion of the CourtPutnam, J.
An extended discussion of this case is not required. We are of opinion that the position taken by the defendants on the trial, that a joint action could not be maintained against them, wati properly overruled by the court below. We concur in the conclusion reached in this regard in the opinions in the cases of Oakley v. Town of Mamaroneck, 39 Hun, 448, and Clapp v. Town of Ellington, 87 Hun, 542, 34 N. Y. Supp. 283. As the duty of repairing the bridge in question was imposed upon the commissioners of highways of both towns, it necessarily follows that, for damages resulting from a negligent…
2Cases cited3 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Bullock v. Town of DurhamNew York Supreme Court · 1892
- Clapp v. Town of EllingtonNew York Supreme Court · 1895
3Cited by2 opinions
- Vandewater v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 1902
- Allen v. Town of AllenAppellate Division of the Supreme Court of the State of New York · 1898