Rector v. Pierce
New York Supreme Court
Appeal from a judgment in favor of the plaintiff at the Livingston circuit entered upon the verdict of a jury. The action was brought by Myron H. Rector as administrator, etc., of Ella E. Rector, deceased, against John Pierce as commissioner of highways of the town of Mount Morris, to recover damages occasioned by the death of said Ella E. Rector, the daughter of the plaintiff, alleged to have been caused by the negligence of the defendant on account of the improper…
Read the full summary
Appeal from a judgment in favor of the plaintiff at the Livingston circuit entered upon the verdict of a jury. The action was brought by Myron H. Rector as administrator, etc., of Ella E. Rector, deceased, against John Pierce as commissioner of highways of the town of Mount Morris, to recover damages occasioned by the death of said Ella E. Rector, the daughter of the plaintiff, alleged to have been caused by the negligence of the defendant on account of the improper construction of a bridge over a tail race on the highway just east of Mt. Morris on the road leading to Geneseo. It was claimed…
1Opinion of the CourtMorgan, J.
The justice who tried this action, properly decided that the defendant, as commissioner of highways, having undertaken to rebuild the bridge in question, Avas liable for negligence in its construction to those who were injured thereby without their fault, although sufficient funds had not been put into his hands for that purpose. It was doubtless competent for the plaintiff to show that the town had put funds in the defendant’s hands to rebuild the bridge, if the negligence charged had been the neglect of the defendant to rebuild it when it was required to be rebuilt for the safety of…
2Cases cited4 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Davenport v. . RuckmanNew York Court of Appeals · 1868
- Fogg v. Inhabitants of NahantMassachusetts Supreme Judicial Court · 1868
- Davenport v. RuckmanThe Superior Court of New York City · 1862