Waller v. Town of Hebron
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Hebron, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 27th day of November, 1895, upon tile verdict of a jury rendered after a trial at the Washington Circuit, and also from an order entered in said clerk’s office on the 14th day of October, 1895, denying the defendant’s motion for a new trial.
Read the full summary
Appeal by the defendant, The Town of Hebron, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 27th day of November, 1895, upon tile verdict of a jury rendered after a trial at the Washington Circuit, and also from an order entered in said clerk’s office on the 14th day of October, 1895, denying the defendant’s motion for a new trial. This action was brought to recover damages resulting from injuries caused by the alleged defective condition of one of the defendant’s highways.
1Opinion of the Court
Merwin, J.:
By section 16 of the Highway Law (Chap. 568 of the Laws of 1890) it is provided that “ every town shall be liable for all damages to person or property sustained by reason of any defect in its highways or bridges existing because of the neglect of any commissioner of highways of such town.” By section 17 it is provided that if in such a case a judgment is recovered against a town, the commissioner shall be liable to the town for the amount of the judgment, but the judgment shall not be evidence of the negligence of the commissioner in the action against him.
On the morning of August…
2Cases cited6 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Linkhauf v. . LombardNew York Court of Appeals · 1893
- Brady v. Manhattan Railway Co.New York Court of Appeals · 1891
- Glasier v. . Town of HebronNew York Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Corley v. Cobb CountyCourt of Appeals of Georgia · 1917
- Dorrer v. Town of CallicoonAppellate Division of the Supreme Court of the State of New York · 1918
- Taylor v. MansonCalifornia Court of Appeal · 1908
- Grant v. Town of EnfieldAppellate Division of the Supreme Court of the State of New York · 1896
- Grant v. Town of EnfieldAppellate Division of the Supreme Court of the State of New York · 1896
6 more not listed; retrieve them via the Exa API.