Weed v. . Village of Ballston Spa
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for injuries occasioned by driving into an excavation, alleged to have been negligently left open in one of defendant’s streets. The facts appear sufficiently in the opinion. No negligence was proved on the part of defendant.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for injuries occasioned by driving into an excavation, alleged to have been negligently left open in one of defendant’s streets. The facts appear sufficiently in the opinion. No negligence was proved on the part of defendant. (Sparhawk v. City of Salem, 1 All., 30, 32; Macomber v. City of Taunton, 100 Mass., 255; Randall v. East. R. R. Co., 106 id., 276; Smith v. Mayor, 66…
1Opinion of the CourtAndrews, J.
The plaintiff on the evening of May 7, 1872, when driving along Milton avenue, a public street in the village of Ballston Spa, drove into a trench, excavated ■in the street, and was thrown from his wagon, and injured. This action is brought to recover for the personal injury, and the injury to the wagon, resulting from the accident. The trench extended from near the gutter, several feet into the street, and was dug by the owner of an adjoining lot, without so far as appears, having obtained any permission to do so from the village authorities, for the purpose of connecting his premises with…
2Cases cited2 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Hines v. . the City of LockportNew York Court of Appeals · 1872
3Cited by44 opinions
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Dollard v. . RobertsNew York Court of Appeals · 1891
- Mullins v. . Siegel-Cooper Co.New York Court of Appeals · 1905
- Pyke v. City of JamestownNorth Dakota Supreme Court · 1906
- Simonds v. City of BarabooWisconsin Supreme Court · 1896
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