Legal Opinion

Stone v. Town of Poland

New York Supreme Court

Decided October 23, 1890PublishedCited by 2 opinions

Appeal from circuit court, Chautauqua county. Action by Cleon Stone against the town of Poland. There was a verdict for plaintiff for $1,000. Prom the judgment entered thereon, defendant appeals.

1Opinion of the CourtMacomber, J.

The verdict was rendered upon a complaint demanding damages alleged to have been sustained by the plaintiff through the negligence of the commissioner of highways of the town of Poland, by which the plaintiff, on the 22d day of May, 1887, received personal injuries. After passing the bridge over Conewango creek, the horse then driven by the plaintiff, either through fright at the new structure erected near the highway or by accidentally stepping into a hole in the highway, caused the plaintiff to be thrown down an embankment.

The main question in the case was whether the commissioner of…

2Cases cited5 opinions

  1. People of the State of N.Y. v. . DavisNew York Court of Appeals · 1874
  2. Corcoran v. . Village of PeekskillNew York Court of Appeals · 1888
  3. People of the State of New York v. . BeachNew York Court of Appeals · 1882
  4. Whitaker v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1873
  5. Getty v. Town of HamlinNew York Supreme Court · 1889

3Cited by2 opinions

  1. Stone v. Town of PolandNew York Supreme Court · 1894
  2. Sherman v. Village of OneontaNew York Supreme Court · 1891

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