Hoyer v. Village of North Tonawanda
New York Supreme Court
Appeal from circuit court, Niagara county. Action by Frederick F. Hoyer against the village of North Tonawanda. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtBradley, J.
In the evening of December 9, 1892, the plaintiff’s buggy in which he was riding, on Vandervoort street, in the village of North Tonawanda, was overturned, and he was thrown out and injured. He charges that his injury was caused by the negligence of the defendant. The occasion of the accident was an excavation made in the street by the Tonawanda Street-Railroad Company, which was proceeding to construct its road in that street. For that purpose the company, on the day of the injury, had excavated a place for its location there. The plaintiff, not being aware or advised of the situation, drove…
2Cases cited5 opinions
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Burrill v. . BoardmanNew York Court of Appeals · 1871
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Dunster v. . KellyNew York Court of Appeals · 1888
3Cited by1 opinion
- Kinsey v. City of KinstonSupreme Court of North Carolina · 1907