Mullen v. Village of Glens Falls
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Warren county. Action by Thomas Mullen against the village of Glens Falls. From a judgment entered upon a verdict for plaintiff, and an order denying a motion for new trial on the judge’s minutes, the defendant appeals.
1Opinion of the CourtParker, P. J.
The principle of law recognized in Whitney v. Town of Ticonderoga, 58 Hun, 214, 6 N. Y. Supp. 844, and in Eggleston v. President, etc., 82 N. Y. 278, which requires a town to exercise reasonable diligence to keep its streets free from obstructions that in their character are likely to frighten horses, and which renders it liable for an injury that results from its unreasonable neglect so to do, does not control the question presented by this appeal. Conceding that the use of a steam roller in a public street is sure to frighten horses, nevertheless to hold that for such reason its mere…
2Cases cited8 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Phelps v. . WaitNew York Court of Appeals · 1864
- Whitney v. Town of TiconderogaNew York Supreme Court · 1889
- Eggleston v. President, Directors & Co. of the Columbia Turnpike RoadNew York Court of Appeals · 1880
- Barrett v. . SmithNew York Court of Appeals · 1891
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3Cited by1 opinion
- Municipal Paving Co. v. Donovan Co.Court of Appeals of Texas · 1911