Lynch v. . Town of Rhinebeck
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 21, 1912, affirming by a divided court a judgment in favor of plaintiff entered upon a verdict.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 21, 1912, affirming by a divided court a judgment in favor of plaintiff entered upon a verdict. The plaintiff, a resident of Rhinecliff, an unincorporated village in the town of Rhinebeck, returned from a day’s visit to Poughkeepsie about nine o’clock in the evening on the 19th day of April, 1910. At that time rain was falling and the night was quite dark. She proceeded from the depot towards her home up Main street to .the junction of Charles street with Main street. At,…
1Opinion of the CourtHogan, J.
Under the Revised Statutes (Section 1, article 1, title 1, chapter 16 [sixth edition], vol. 2, page 135), a commissioner of highways was charged with the superintendence of highways and held individually responsible at the suit of an individual who had sustained injury by reason of a defect in the highway" after notice to the commissioner of the condition of the roadway, and a failure to exercise reasonable and ordinary diligence to repair the same, provided he had the necessary funds to make such repairs. (Hover v. Barkhoof, 44 N. Y. 113; People ex rel. Van Keuren v. Board of Town Auditors…
2Cases cited7 opinions
- Hover v. BarkhoofCommission of Appeals · 1870
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
- Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
- Monk v. . Town of New UtrechtNew York Court of Appeals · 1887
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3Cited by7 opinions
- Bowman v. . Town of ChenangoNew York Court of Appeals · 1920
- Isaac v. Town of QueensburyAppellate Division of the Supreme Court of the State of New York · 1936
- Gaynor v. Town of Hempstead, New York County Courts1934
- Freebold v. Town of GlenAppellate Division of the Supreme Court of the State of New York · 1925
- Weiler v. Town of OsceolaNew York Supreme Court · 1966
2 more not listed; retrieve them via the Exa API.