Legal Opinion
Schell v. Town of German Flats
New York Supreme Court
Decided May 15, 1907PublishedCited by 3 opinions
Motion for a nonsuit.
1Opinion of the CourtRogers, J.
At the close of the evidence, the defendant moved for a nonsuit, specifying various 'grounds.
The determination of the motion was reserved until after the verdict, pursuant to section 1187 of the Code of Civil Procedure. The verdict was for the plaintiff.
The structure on which the plaintiff received the injury complained of was within the bounds of the village of Mohawk, which is within the town of German Flats.
The defendant contends that, being within the village, the town cannot be held liable for want of repair, because the Village Law makes the corporation a special road commissioner…
2Cases cited26 opinions
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Rider v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1902
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Cone v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1880
- Gibney v. . StateNew York Court of Appeals · 1893
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3Cited by3 opinions
- Alabama Power Co. v. McIntoshSupreme Court of Alabama · 1929
- Town of Norwalk v. PodmoreSupreme Court of Connecticut · 1913
- Kolacki v. StateNew York Court of Claims · 1930