Shepherd v. Lincoln
New York Supreme Court
Error from the Schenectady common pleas. Lincoln sued Shepherd as a superintendent of repairs of the first section of the Erie canal, in an action on the case.
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Error from the Schenectady common pleas. Lincoln sued Shepherd as a superintendent of repairs of the first section of the Erie canal, in an action on the case. In repairing a bridge across the canal in one of the streets of the city of Schenectady, the plank of the bridge and some o'f the timbers were taken up, and the plaintiff, in attempting to drive across the bridge in the night time with a wagon and horse, fell through the opening into the canal, as did also the wagon and horse. The plaintiff was seriously injured and the wagon partially broke. The workmen employed by the defendant, on…
1Opinion of the Court
By the Court,
Cowen, J.
The plaintiff in error insists, in addition to the points raised on the trial, that the declaration is defective in not charging him as superintendent, and averring the facts necessary within the statute, upon which alone he could be made liable. There is clearly no foundation for the last objection. The defendant had entered upon the labor of repairs; and if liable at all, was properly treated by the plaintiff below as a private wrongdoer. This is not an action for nonfeasance in omitting repairs, which the defendant below was bound to perform in his character of…
2Cited by1 opinion
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