Madigan v. Town of Schaghticoke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Schaghticoke, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Bensselaer on the 22d day of March, 1909, upon the verdict of a jury for $4,000, and also from an order entered in said clerk’s office on the 2d day of April, 1909, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.: •
The plaintiff recovered a substantial judgment for injuries claimed to have been received because of the negligence of the highway commissioner in failing to repair one of the highways of the defendant town.
During the progress of the trial the plaintiff was permitted, *888against the objection of the defendant, stated in various forms, to prove that the assessed valuation of the defendant was upwards of $2,000,000.
We are of opinion that the admission of this evidence was such error as requires a reversal of the judgment irrespective of the other questions raised or of the merits of…
2Cases cited6 opinions
- Alberti v. N. Y., Lake Erie & Western RailroadNew York Court of Appeals · 1889
- Rooney v. Inhabitants of RandolphMassachusetts Supreme Judicial Court · 1880
- Lipp v. . Otis Brothers Co.New York Court of Appeals · 1900
- Hare v. MarshWisconsin Supreme Court · 1884
- Moody v. OsgoodNew York Supreme Court · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Phillips v. ThomasWashington Supreme Court · 1912
- McCormick v. MerrittAppellate Division of the Supreme Court of the State of New York · 1931