Ferguson v. . Town of Lewisboro
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 28, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 28, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The liability of the town for damages due to injuries received upon its highways is entirely statutory and it is only responsible for such damages in those cases where some duty is imposed upon the superintendent of highways in relation thereto which he has neglected to perform. (Lane v. Town of Hancock, 142 N.…
1Opinion of the CourtMiller, J.
The plaintiff has recovered a judgment for personal injuries caused on July 21st, 1909, by a defect in a wooden driveway or approach across a ditch bordering an improved county highway. The town superintendent had received no directions from the town board with respect to the inspection, maintenance or repair of private approaches, but, as the court charged the jury, had been instructed by the county superintendent that the abutting owners would care for them. On the first trial of the action the complaint was dismissed and the Appellate Division reversed the judgment dismissing the complaint…
2Cited by9 opinions
- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1919
- Cleveland v. Town of LancasterAppellate Division of the Supreme Court of the State of New York · 1933
- Laitenberger v. StateNew York Court of Claims · 1947
- Graham v. Town of UrbanaAppellate Division of the Supreme Court of the State of New York · 1932
- Belair v. StateAppellate Division of the Supreme Court of the State of New York · 1925
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