Rising v. Town of Moreau
New York County Courts
Appeal from Justice Court. Action by Herbert Rising against the Town of Moreau. From a judgment by a justice in favor of plaintiff, defendant appeals.
1Opinion of the CourtRockwood, J.
The plaintiff, alleging the negligence of the commissioner of highways of the town of Moreau, brought this action to recover for damages to his horse, caused by a failure to properly guard a bridge on the highway from South Glens Falls to Spier Falls. Trial of the issues before a justice of the peace without a jury resulted in a verdict for the plaintiff, and the town has appealed.
At a point on said highway near a place known as the “Sherman farm,” there is a bridge 13 feet long by 5feet wide, which crosses the highway. Railings or barriers had been originally placed along the sides of this…
2Cases cited41 opinions
- Mallory v. . the Travelers' Ins. Co.New York Court of Appeals · 1871
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
- Quinlan v. . WelchNew York Court of Appeals · 1894
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