v. Town of Ellenburgh
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Town of Ellenburgh, from a judgment of the County Court of Clinton county, entered in the office of the clerk of said county on the 3d day of January, 1914, upon the verdict of a jury for $155, and also from an order entered in said clerk’s office denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
This is an action for negligence against a town because of a defective sluiceway in a highway through which the plaintiff’s horse stepped as he was driving over it and sustained a broken leg. The only question raised on this appeal is that the notice served on the supervisor was defective. Section 74 of the Sigh-*714way Law (Consol. Laws, chap. 25; Laws of 1909, chap. 30)* as it was at the time of the accident "provided as follows: “No action shall be maintained against any town to recover such damages, unless a verified statement of the cause of action shall have been presented to…
2Cases cited2 opinions
- Eggleston v. Town of ChautauquaAppellate Division of the Supreme Court of the State of New York · 1904
- Clark v. Town of CopakeAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by4 opinions
- Lisee v. Secretary of StateMichigan Supreme Court · 1972
- Hobbs v. Department of State HighwaysMichigan Supreme Court · 1976
- Hummel v. City of Grand RapidsMichigan Supreme Court · 1948
- Lisee v. Secretary of StateMichigan Supreme Court · 1972