Embler v. Town of Wallkill
New York Supreme Court
Appeal from circuit court, Orange county. Action by Henry W. Embler against the town of Wallkill. There was a verdict for plaintiff, and defendant appeals.
1Opinion of the CourtDykman, J.
While the plaintiff was riding on the top of a load of hay •along one of the public highways of the town of Wallkill he was struck in the face by the stub of an overhanging branch of a tree, and scraped off the .load, and precipitated to the ground, and severely injured. This action was brought against the town for recovery of the damages sustained by the plaintiff by reason of such injuries, and the basis of the action is the negligence of the highway commissioners in failing to maintain the road in question in a ■condition of safety for travelers. The cause was tried at the circuit, and the…
2Cited by11 opinions
- Messinger v. StateNew York Court of Claims · 1944
- Shaw v. OgdenMassachusetts Supreme Judicial Court · 1913
- Robert Neff & Sons, Inc. v. City of LancasterOhio Supreme Court · 1970
- Brown v. StateNew York Court of Claims · 1945
- Murphy v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 1901
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