Peck v. Village of Batavia
New York Supreme Court
MOTION to set aside a nonsuit, granted upon the opening of the plaintiff’s counsel, and for a new trial. The material facts, as stated in the opening, were, that the defendant was a village corporation; that Mechanic’s street was within the bounds of the corporation; that a plank sidewalk had been constructed along said street, for the use of foot passengers; that there was, and had been for some time prior to October 5th, 1859, a large hole or excavation in said walk, at a…
Read the full summary
MOTION to set aside a nonsuit, granted upon the opening of the plaintiff’s counsel, and for a new trial. The material facts, as stated in the opening, were, that the defendant was a village corporation; that Mechanic’s street was within the bounds of the corporation; that a plank sidewalk had been constructed along said street, for the use of foot passengers; that there was, and had been for some time prior to October 5th, 1859, a large hole or excavation in said walk, at a place specified, caused by the removal or displacement of one of the planks; that the plaintiff, while passing over said…
1Opinion of the Court
By the Court,
Marvin, J.
It is claimed by the defendant’s counsel that this case is controlled by Cole v. The Village of Medina, (27 Barb. 218,) decided in this, district. The plaintiff’s counsel has attempted to show a distinction in the cases, and also insists that the decision at the circuit is in conflict with certain recent decisions of the court of appeals, to be hereafter noticed. It will be proper to bring into view all the statute law having a relation to the question we are to consider. By the act of April 9, 1853, (Laws of 1853, ch. 140,) “the village of Batavia” was incorporated.…
2Cases cited4 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hendricks v. WaldenCourt for the Trial of Impeachments and Correction of Errors · 1819
- Cole v. Trustees of MedinaNew York Supreme Court · 1858
3Cited by8 opinions
- Collins v. Mayor of MaconSupreme Court of Georgia · 1882
- Hyatt v. Trustees of RondoutNew York Supreme Court · 1863
- Hart v. City of BrooklynNew York Supreme Court · 1862
- Shields v. Kansas City Suburban Belt RailwayMissouri Court of Appeals · 1901
- Davenport v. RuckmanThe Superior Court of New York City · 1862
3 more not listed; retrieve them via the Exa API.