Childs v. Village of West Troy
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee. The action was brought to recover the damages alleged to have been sustained by the plaintiff, by being thrown from liis wagon by reason of an excavation alleged to have been made by the defendant’s street commissioner, and left unguarded by the defendant, in one of the public streets of the village of West Troy,
1Opinion of the Court
Learned, P. J.:
Costello was street commissioner, and dug the ditch. Thus, he knew of the fact of the alleged obstruction. His knowledge was notice to defendant. The answer to the question in what capacity he dug the ditch was immaterial.
There is undoubtedly evidence tending to show that plaintiff was driving rapidly, and some evidence that he had been drinking. The accident occurred, according to liis testimony, about 7 p. m.j according to his companion’s somewhat later. The sun set about 7 p. m., at that time of the year. So it is difficult to understand how it could have been dark enough to…
2Cases cited3 opinions
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
- McGaffin v. . City of CohoesNew York Court of Appeals · 1878
- Mechanics & Traders' Bank of Jersey City v. DakinNew York Supreme Court · 1867