Booth v. Town of Orleans
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah A. Booth, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the, county of Jefferson on the 14th day of March, 1910, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Jefferson Trial Term, and also from an order entered in said clerk’s office on the 7th day of March, 1910, directing the dismissal of the complaint.
1Opinion of the Court
Kruse, J.:
The action is for negligence. The plaintiff was riding, in a buggy, driving .a single horse along a country road, and was hurt because the road was defective. The accident occurred in this way: The overseer of the road district in which the accident occurred had been blasting rock out of the road. He had quit his work for the day, leaving a hole in the road, and piles of broken stone along the side of the road. The plaintiff did not drive into the hole or against the rock pile, but her horse*smelled the powder and saw the hole and pile of stones, and became frightened, ran away,…
2Cases cited1 opinion
- Booth v. Town of OrleansNew York Supreme Court · 1910