Boyce v. Town of Shawangunk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Shawangunk, from a-judgment of the Supreme Oourt in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 11th day of" October, 1898, upon the verdict of a jury for $10,000, and also-from an order entered in said clerk’s office on the 15th day of Octo-. her, 1898, denying the defendant’s motion for a new trial made, upon the minutes.
1Opinion of the Court
Putnam, J.:
On the morning of the 9th of April, 1898, the plaintiff while proceeding with a load of hay drawn by a pair of oxen along a highway in the town of Shawangunk, Ulster county, N. Y., came to a bridge on said highway. He had made a seat of two boards in front of and projecting from the wagon about two feet, at the bottom of the hay, and seated thereon he attempted to cross the bridge. "While he was in the act of so crossing, some portion of the westerly abutment off *595the structure towards which he was driving gave way and fell, causing a hole in the highway at the edge of the bridge…
2Cases cited9 opinions
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Hover v. BarkhoofCommission of Appeals · 1870
- Embler v. . Town of WallkillNew York Court of Appeals · 1892
- Twomley v. . C.P.N. and E.R.R.R. Co.New York Court of Appeals · 1877
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3Cited by4 opinions
- McNulty v. . City of New YorkNew York Court of Appeals · 1901
- Hayner v. Town of SchaghticokeAppellate Division of the Supreme Court of the State of New York · 1908
- People ex rel. Mulholland Co. v. NowakNew York Supreme Court · 1917
- Rising v. Town of Moreau, New York County Courts1910