Eggleston v. Town of Chautauqua
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Chautauqua, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Chautauqua on the 28th day of October, 1902, upon the verdict of a jury for $4,500, and also from an order bearing date the 21st day of October, 1902, and entered in said clerk’s office, denying the defendant’s motion for a. new trial made upon the minutes.
1Dissent
Hiscock, J. (dissenting):
I am unable to concur in an affirmance of the judgment appealed from, but think the same should be reversed because of the admission upon the trial of evidence of serious injuries alleged to have been sustained by plaintiff which were not in any way set forth or described in her notice of claim filed under the statute.
This action was brought to recover for personal injuries claimed to have been suffered by plaintiff through the negligence of defendant in allowing a bridge upon one of its highways to become'defective. There was sufficient' evidence upon the questions…
2Cases cited3 opinions
- Borst v. Town of SharonAppellate Division of the Supreme Court of the State of New York · 1898
- Rauber v. Village of WellsvilleAppellate Division of the Supreme Court of the State of New York · 1903
- De Vore v. City of AuburnAppellate Division of the Supreme Court of the State of New York · 1901