Legal Opinion

Titus v. Town of New Scotland

New York Supreme Court

Decided December 3, 1895PublishedCited by 4 opinions

Appeal from circuit court, Greene county. Action by John H. Titus, administrator of Alexander Whitford, deceased, against the town of New Scotland. From a judgment for plaintiff, and an order denying a new trial, defendant appeals. Reversed.

1Opinion of the CourtHerrick, J.

This is an appeal from a judgment entered upon the verdict of a jury in favor of the plaintiff, and against the defendant, and from an order denying a motion for a new trial. The plaintiff’s intestate was killed in an accident occasioned by a wagon in which he was being driven going off the side of a bridge located in the defendant’s town. The alleged negligence of the defendant was in maintaining, or permitting to remain, a bridge upon one of its highways without guards or rails, and, as is claimed, with the planks constituting the floor thereof of unequal lengths, so that the wagon in which…

2Cited by4 opinions

  1. Winston's Administrator v. City of HendersonCourt of Appeals of Kentucky · 1918
  2. Donnelly v. Chicago City Railway Co.Appellate Court of Illinois · 1907
  3. Titus v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1896
  4. Titus v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1896

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