Mayor of Troy v. Troy & Lansingburgh Railroad
New York Supreme Court
Appeal from order denying a new trial, and exceptions ordered to be first heard at General Term. The cause was tried before Mr. Justice Peckhajm and a jury, at the Rensselaer Circuit, in February, 1870. The action was brought for the recovery of the amount paid by the authorities of the city of Troy upon a judgment recovered against it by one Nathaniel Purdy, for damages sustained by the overturning of a stage-sleigh, on which he was a passenger, and alleged to have been…
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Appeal from order denying a new trial, and exceptions ordered to be first heard at General Term. The cause was tried before Mr. Justice Peckhajm and a jury, at the Rensselaer Circuit, in February, 1870. The action was brought for the recovery of the amount paid by the authorities of the city of Troy upon a judgment recovered against it by one Nathaniel Purdy, for damages sustained by the overturning of a stage-sleigh, on which he was a passenger, and alleged to have been caused by the defendant. The complaint alleged that, in February, 1862, the defendants unlawfully, wrongfully, carelessly…
1Opinion of the Court
By the Court —
Miller, P. J.
The right of the plaintiff to recover in this action depends mainly, I think, upon the construction to be' placed upon the license granted to the defendant to construct its road in the city of Troy by the common council of that city, and the duties and obligations thereby assumed by the defendant. By the fourth section of the ordinance of the common council, the defendant is required to keep in repair the pavements between the track and for a distance of eighteen inches outside of each track, and to cause the snow to be removed, so as to afford a safe and…
2Cases cited8 opinions
- Hamilton v. . McPhersonNew York Court of Appeals · 1863
- Kip v. BrighamNew York Supreme Court · 1810
- Blasdale v. BabcockNew York Supreme Court · 1806
- Chase v. New York Central Rail RoadNew York Supreme Court · 1857
- Kip v. BrighamNew York Supreme Court · 1810
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Buffalo v. . HollowayNew York Court of Appeals · 1852
- Mayor of New York v. BradyNew York Supreme Court · 1893
- Dubois v. HermanceNew York Supreme Court · 1873