Morrell v. . Peck
New York Court of Appeals
Appeal from, order of the General Term of the Supreme Court, in the third judicial department, made February 11, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from, order of the General Term of the Supreme Court, in the third judicial department, made February 11, 1881, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. (Reported below, 24 Hun, 37.) This action was brought, originally, by Henry Morrell, the present plaintiff’s intestate, against defendants, as commissioners of highways of the town of Waterford, Saratoga county, to recover damages for injuries alleged to have been caused by his falling from a bridge in said town. The court found in substance that the southerly side…
1Opinion of the CourtFinch, J.
The judgment at the Circuit in favor of the ' plaintiff was reversed by the General Term, solely for the reason that evidence was admitted against defendants’ objection, of the erection of a railing along the south side of the bridge the day after the accident, and was considered upon the question of negligence. The evidence was offered by the plaintiff, not generally, but for two purposes only which w;ere explicitly stated.
• These were to show that the defendants exercised control over the bridge, and that they had sufficient funds at the time of the accident to pay for the protection…
2Cases cited1 opinion
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
3Cited by9 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Maxim v. Town of ChampionNew York Supreme Court · 1888
- Thompson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
- Patchen v. Town of WaltonAppellate Division of the Supreme Court of the State of New York · 1897
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