Vandewater v. Town of Wappinger
Appellate Division of the Supreme Court of the State of New York
, Appeal by the defendant, The Town of Wappinger, from a judgment of the County Court of .Dutchess county in favor of the plaintiff, entered in the office of the clerk of. the county of Dutchess on the 21st day of February, 1900, upon the verdict of a jury for $850,, and also from an ¡order bearing date the 19th day of February, 1900, and entered in said clerk’s x office, denying the defendants motion for.a new. trial made upon, the minutes,
1Opinion of the Court
Woodward, J.:
The plaintiff brought this action to recover damages sustained by her in the injury .of a certain traction engine by falling through a bridge which,, it is conceded, it was the duty of the defendant to keep in a reasonably safe. condition. In her complaint she alleges all of the facts necessary to constitute a cause of action based upon the negligence of the defendant, and without contributory negligence on the part of the plaintiff or her representatives, The evidence is sufficient to warrant the verdict of the jury.
*327The defendant, in addition to the usual denials, set up the…
2Cases cited6 opinions
- Furst v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- Whitaker v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1873
- Heib v. Town of Big FlatsAppellate Division of the Supreme Court of the State of New York · 1901
- McMahon v. Town of SalemAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fox v. . Village of ManchesterNew York Court of Appeals · 1905
- Rossberg v. Montgomery Ward & Co.Montana Supreme Court · 1940
- White v. Lewiston & Youngstown Frontier Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Booth v. Town of OrleansNew York Supreme Court · 1910
- Smith v. Town of TroupsburgNew York Supreme Court · 1925