Clapper v. . Town of Waterford
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 24, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages received by plaintiff, caused by her stepping into a hole in a crosswalk or bridge in one of defendant’s highways.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 24, 1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages received by plaintiff, caused by her stepping into a hole in a crosswalk or bridge in one of defendant’s highways. The facts, so far as material, are stated in the opinion. The gutter bridge in question was not within the duty of the highway commissioners to maintain or keep in…
1Opinion of the CourtO’Brien, J.
The plaintiff recovered damages for an injury received by her from stepping into a hole in a crosswalk or foot bridge in one of the public highways of the town, known as Saratoga avenue, on the 31st of July, 1889. This highway, running north and south, was sixty-six feet wide. It has curb lines and sidewalks on both sides. The space between the curbstones is forty feet. On each side of this rounded roadbed there is a gutter extending from the traveled part of the road to the curb line, some six or eight feet in width, which serves to carry off the water from the road. At the point where the…
2Cases cited3 opinions
- Corcoran v. . Village of PeekskillNew York Court of Appeals · 1888
- People Ex Rel. Everett v. Board of SupervisorsNew York Court of Appeals · 1883
- Superintendent of the Poor v. Superintendent of the PoorNew York Court of Appeals · 1870
3Cited by41 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
- Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Loughlin v. . BrassilNew York Court of Appeals · 1907
- Baran v. Reading Iron Co.Supreme Court of Pennsylvania · 1902
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