Whitney v. Town of Ticonderoga
New York Supreme Court
Appeal from circuit court, Albany county. Action by Nelson B. Whitney against the town of Ticonderoga, to recover for injuries sustained by the plaintiff “by reason of a defective highway.”
Read the full summary
Appeal from circuit court, Albany county. Action by Nelson B. Whitney against the town of Ticonderoga, to recover for injuries sustained by the plaintiff “by reason of a defective highway.” The evidence tended to show that on May 4, 1888, after dark, the plaintiff, while riding in a “Frazer Road-Cart,” and driving the horse attached to it, along Main street, in the village of Ticonderoga, came in collision in the dark with a road-scraper belonging to the defendant, which had been left in the roadway near the sidewalk, and was thrown from his cart, and seriously injured. Judgment being given…
1Opinion of the CourtLandon, J.
The appeal is from the judgment. No appeal is taken from the order denying the motion made upon the minutes to set aside the verdict. We must in such ease assume that if the rulings of the court were correct the evidence justified the verdict. The judgment, therefore, must be affirmed, unless the exceptions taken upon the trial disclose some ruling of the court to the prejudice of the defendant.
At the close of the plaintiff’s case the defendant moved for a nonsuit, upon the ground that “there is no evidence of the existence of a defective highway in the town of Ticonderoga. ” The evidence was…
2Cases cited3 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
3Cited by10 opinions
- Neddo v. StateNew York Court of Claims · 1948
- Quinn v. Town of SemproniusAppellate Division of the Supreme Court of the State of New York · 1898
- Young v. KatzAppellate Division of the Supreme Court of the State of New York · 1897
- Smith v. StateNew York Court of Claims · 1933
- Mullen v. Village of Glens FallsAppellate Division of the Supreme Court of the State of New York · 1896
5 more not listed; retrieve them via the Exa API.