Clawson v. Central Hudson Gas & Electric Corp.
New York Court of Appeals
I. The case was properly presented to the jury as a question of fact and the verdict of the jury was amply supported by the evidence. II. When the defendant erected the new dam, it created a condition which detracted from the safety of a traveler on the highway and, therefore, it created and maintained a nuisance. (Klepper v. Seymour House Corp., 246 N. Y. 85; Tremblay v. Harmony Mills, 171 N. Y. 598; Beck v. Garter, 68 N. Y. 283; Taylor v. City of Albany, 239 App.
Read the full summary
I. The case was properly presented to the jury as a question of fact and the verdict of the jury was amply supported by the evidence. II. When the defendant erected the new dam, it created a condition which detracted from the safety of a traveler on the highway and, therefore, it created and maintained a nuisance. (Klepper v. Seymour House Corp., 246 N. Y. 85; Tremblay v. Harmony Mills, 171 N. Y. 598; Beck v. Garter, 68 N. Y. 283; Taylor v. City of Albany, 239 App. Div. 217, 264 N. Y. 539; Khoury v. County of Saratoga, 267 N. Y. 384.) No liability on the part of the defendant has been…
1Opinion of the CourtCoNway, J.
On an evening in January, 1946, the decedent, a farmer, set out in his automobile from his home to attend a meeting at the Greenville Masonic Lodge. It was a clear night and the roads were dry. On his way he crossed the Woodstock bridge which spans Catsldll Creek and is located on the State system of highways and known as Route No. 32. (See Highway Law, §§ 230, 340, 341, subd. 19.) The bridge at that time was dry. At the conclusion of the meeting, some of those who had been present commenced the return journey to Athens in three automobiles. The decedent drove the second one. About seven or…
2Cases cited3 opinions
- Hill v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Khoury v. County of SaratogaNew York Court of Appeals · 1935
- McGettigan v. New York Central RailroadNew York Court of Appeals · 1935
3Cited by13 opinions
- People v. Sturm, Ruger & Co.Appellate Division of the Supreme Court of the State of New York · 2003
- City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
- National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
- NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
- Drake v. StateNew York Court of Claims · 1979
8 more not listed; retrieve them via the Exa API.