Patchen v. Town of Walton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Walton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the Ttlx day of November, 1896, upon the verdict of a jury, and also' from an order entered in said clerk’s office on the 25th day of March, 1896, denying the defendant’s motion for a new trial made upon the minutes. j The action was brought to recover damages resulting from injuries to plaintiff, liis…
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Appeal by the defendant, The Town of Walton, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Delaware on the Ttlx day of November, 1896, upon the verdict of a jury, and also' from an order entered in said clerk’s office on the 25th day of March, 1896, denying the defendant’s motion for a new trial made upon the minutes. j The action was brought to recover damages resulting from injuries to plaintiff, liis horses and wagon, under the following circumstances : On June 28, 1894, in the town of Walton, the plaintiff, with his…
1Opinion of the Court
Landon, J.:
This injury occurred because the well-worn harness upon one of ■ .the plaintiff’s horses finally broke under the strain of the haul of /the heavy load up the grade of the road. The verdict of the jury acquits the plaintiff of contributory negligence. We do not think .the evidence supports-the: verdict in this respect.
In, the cases where a, recovery has been sustained when the inability of the plaintiff-to control his horses is one of the concurring causes . of • his injury, wé can see that, however much other persons were at fault,, the plaintiff wasmot. Here the plaintiff well…
2Cases cited7 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Phillips v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1891
- Bryant v. . Town of RandolphNew York Court of Appeals · 1892
- Waller v. Town of HebronAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by2 opinions
- Dorrer v. Town of CallicoonAppellate Division of the Supreme Court of the State of New York · 1918
- Bradner v. Village of WarwickAppellate Division of the Supreme Court of the State of New York · 1904