Wallace v. Town of New Albion
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendant, the Town of New Albion, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 12th day of November, 1906, upon the verdict of a jury for $5,000, and also' "from an order entered in said clerk’s office on the 8th day of October, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be affirmed, with costs.
The action was brought to recover damages for negligence of defendant’s highway commissioner, resulting in injury to the plaintiff. The negligence alleged consisted in leaving the approach to a bridge unguarded. ' The plaintiff started to'drive across the bridge. Her horse, after going part way across, became frightened* stopped, refused to proceed further, and backed the wagon off the bridge and over the embankment constituting the approach to the bridge. There was clearly evidence sufficient to authorize the finding by the…
2Cases cited1 opinion
- Wallace v. Town of New AlbionAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by3 opinions
- Hartman v. The Berlin & Jones Envelope Co.New York Supreme Court · 1911
- Thompson v. Town of BathAppellate Division of the Supreme Court of the State of New York · 1911
- Best v. StateAppellate Division of the Supreme Court of the State of New York · 1922