Spencer v. Town of Sardinia
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Sardinia, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 9th day of January, 1899, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 25th day of October, 1898, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hardin, P. J.:
On the 26th day of September, 1897, the plaintiff’s intestate was in charge of and operating a traction engine in the defendant town, and was proceeding westwardly along the highway near the residence of Mr. Henshaw, riding upon the engine, and while his engine was upon a bridge across a sluiceway, the bridge gave way and precipitated the engine down, and the intestate was thrown under the vehicle, and so bruised and scalded that he died the same day from the injuries received. The plaintiff’s complaint alleges the circumstances attending the accident, and that “ on the 10th day…
2Cases cited11 opinions
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Whalen v. . Citizens' Gas Light Co.New York Court of Appeals · 1896
- Powers v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Durkin v. City of TroyNew York Supreme Court · 1872
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3Cited by7 opinions
- Dunn v. Boise CityIdaho Supreme Court · 1927
- Mays v. Sovereign Camp, W. O. W.Tennessee Supreme Court · 1924
- Eggleston v. Town of ChautauquaAppellate Division of the Supreme Court of the State of New York · 1904
- Cullen v. LittletonSupreme Court of New Hampshire · 1930
- Hawkins v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1944
2 more not listed; retrieve them via the Exa API.