Wilson v. President, Directors & Co. of Susquehannah Turnpike Road
New York Supreme Court
MOTION by the defendahts, for a new trial* upon exceptions taken at the circtih The complaint alleged that the defendahts, on the 1st of October, 1851, were a corporation, and possessed of a turnpike road at Durham, drreene county, which it was botad to keep in good repair.
Read the full summary
MOTION by the defendahts, for a new trial* upon exceptions taken at the circtih The complaint alleged that the defendahts, on the 1st of October, 1851, were a corporation, and possessed of a turnpike road at Durham, drreene county, which it was botad to keep in good repair. That the plaintiff, on the day and at the place aforesaid* was lawfully traveling on said road, in a one-horse wagon driven by another person, and the road was out of repair by reason of the negligence of the defendants. The defendants Were bound to keep at least twenty feet of said road bedded with wood, stone, gravel, or…
1Opinion of the Court
By the Court, Parker, Pi J.
The right of the plaintiff to recover in this cause depends upon two questions, viz : whether the injury of which he complains was caused by the neglect of the defendant to construct the road as required by the statute, and to keep it in proper repair ; and whether any fault or want of care on the part of the plaintiff contributed to the injury. Unless the injury is wholly chargeable to the fault of the defendant, the plaintiff cannot recoven
We have been referred, by counsel on both sides, to that class of cases in which actions are brought against carriers of…
2Cases cited3 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Camden & Amboy Rail Road & Transportation Co. v. BurkeNew York Supreme Court · 1835
- Townsend v. President of the Susquehannah Turnpike RoadNew York Supreme Court · 1810
3Cited by7 opinions
- Fath v. Tower Grove & LaFayette RailwaySupreme Court of Missouri · 1891
- Greeley Irrigating Co. v. HouseSupreme Court of Colorado · 1890
- Waterman v. StateNew York Court of Claims · 1960
- Pitcher v. LennonNew York Supreme Court · 1896
- Exchange Fire Insurance v. President of Delaware & Hudson Canal Co.The Superior Court of New York City · 1863
2 more not listed; retrieve them via the Exa API.