Lyman v. . Village of Potsdam
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 12, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 12, 1918, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. A municipality has a right to incumber the sides of its streets for any purpose that is reasonable, useful and necessary to the public, provided such incumbrance is reasonable and does not interfere with the passage of the public. (Dougherty v. Trustees, 159 N. Y. 154; Sautter v. Utica City Bank, 45 Misc. Rep. 15;…
1Opinion of the CourtCollin, J.
The action is to recover damages for personal injuries. The plaintiff was thrown from a carriage while riding along a street of the defendant because the horse, through fright at a pile of rubbish within the street, ran away. The action has been twice tried. The Appellate Division reversed the judgment in .favor of the defendant resulting from the former trial and said that a nuisance was created by the pile of rubbish with the consent and on the invitation of the village authorities. (Lyman v. Village of Potsdam, 173 App. Div. 390.) At the close of the evidence at the second trial, resulting…
2Cases cited20 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Masterton v. . Village of Mount VernonNew York Court of Appeals · 1874
- Weston v. . City of TroyNew York Court of Appeals · 1893
- Jorgensen v. . SquiresNew York Court of Appeals · 1895
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