Tutt v. City of Rensselaer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Bensselaer, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 25th day'of May, 1906, upon the verdict of a jury for $550, and also from an order entered in said clerk’s office on the 25th day of May, 1906, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Smith, P. J.:
Upon the night of September 13, 1904, while driving along the westerly side of Third street, a public highway in the city of Bensselaer, the plaintiff’s horse ran upon an obstruction in said street, plunged and fell, and the plaintiff and his companion were thrown from the carriage. This action is brought to recover damages for the in juries sustained both by the plaintiff and his horse.
It is contended by the defendant that the verdict for the plaintiff should be set aside as against the weight of evidence. It appears that a couple of loads of sand were placed upon this highway…
2Cases cited2 opinions
- Higgins v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Kavanagh v. New York Transportation Co.Appellate Terms of the Supreme Court of New York · 1905