Bradner v. Village of Warwick
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Warwick, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 9th day of March, 1903, upon the verdict of a jury for $150, and also from an order entered in said clerk’s office on the 17th day of March, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J. :
The plaintiff’s cause of action is based upon the alleged negligence of the authorities of the defendant village in permitting the existence of an open ditch, about three hundred feet long, between three and four feet wide and from eighteen to thirty inches .deep, within the limits of one of the village streets. The plaintiff was driving in this street when one of his horses became frightened and pushed the other into the ditch, causing injuries from which the animal died. For the damage thus sustained the jury awarded the plaintiff $150 as the value of the horse.
The…
2Cases cited6 opinions
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Glasier v. . Town of HebronNew York Court of Appeals · 1892
- Nelson v. . Village of CanisteoNew York Court of Appeals · 1885
- Patchen v. Town of WaltonAppellate Division of the Supreme Court of the State of New York · 1897
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