Whitney v. . Town of Ticonderoga
New York Court of Appeals
Appeal from judgment of tlie General Term of the Supreme C-ourt in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This action was brought to recover damages for personal injuries suffered by the plaintiff and alleged to have been occasioned by the negligence of the commissioner of highways of the defendant.
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Appeal from judgment of tlie General Term of the Supreme C-ourt in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of the plaintiff, entered upon a verdict. This action was brought to recover damages for personal injuries suffered by the plaintiff and alleged to have been occasioned by the negligence of the commissioner of highways of the defendant. It appeared that on the evening of May 4, 1888, the plaintiff, in a Frazer cart, drawn by a horse driven by him in Main street, in the village of Ticonderoga, ivas thrown out and injured.…
1Opinion of the CourtBradley, J.
The evidence warranted the conclusion that without fault of the plaintiff his injury was occasioned by the road scraper in the street. At the time of the occurrence it was dark, and the plaintiff had no knowledge that the machine was there. In its absence the street was suitable for driving up near to the sidewalk. The only right of action against the defendant is that furnished by the statute which provides that “ the several towns in this state shall be liable to any person suffering the same, for all damages to a person or property by reason of defective highways or bridges in such towns,…
2Cases cited3 opinions
- Hewison v. City of New HavenSupreme Court of Connecticut · 1867
- The People v. . DyleNew York Court of Appeals · 1860
- The People v. . Northern Railroad Co.New York Court of Appeals · 1870
3Cited by25 opinions
- Miller v. StateAppellate Division of the Supreme Court of the State of New York · 1931
- Annino v. City of UticaNew York Court of Appeals · 1937
- McGuire v. Hartford Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
- Neddo v. StateNew York Court of Claims · 1948
- Winchell v. Town CamillusAppellate Division of the Supreme Court of the State of New York · 1905
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