Hover v. Barkhoof
Commission of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fourth district, affirming a judgment entered upon a verdict for the plaintiff.
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Appeal from an order of the General Term of the Supreme Court, in the fourth district, affirming a judgment entered upon a verdict for the plaintiff. This action is for the recovery of damages sustained by the plaintiff, by the falling of a bridge over a stream in the town of Florida, in the county of Montgomery, which was alleged to be in an unsafe condition through the neglect of the defendants, who were commissioners of highways of that town, whereby the horses, wagon and harness of the plaintiff were injured. The highway crossed the creek by means of the bridge, which was of about…
1Opinion of the Court
Leonard, C.
It was the duty of the defendants, by statute, to keep the highways and bridges of their town in repair, while they were in office. (1 B. S., 501, § 1.) A statute, passed in 1853, authorized them to borrow money on the credit of the town to the extent of $1,000, in any year for repairing bridges. (S. L. 1853, chap. 609, p. 1140.) And this duty of repairing is expressly enjoined by the second section, in case any bridge becomes unsafe. There was no exception to the charge of the judge, and it must be assumed that the jury have found against the defendants, correctly, on the question…
2Cases cited6 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Seymour v. . WilsonNew York Court of Appeals · 1856
- Fulton Fire Insurance Co. v. . BaldwinNew York Court of Appeals · 1868
- Garlinghouse v. . JacobsNew York Court of Appeals · 1864
1 more not listed; retrieve them via the Exa API.
3Cited by69 opinions
- Willy v. . MulledyNew York Court of Appeals · 1879
- Bassett v. . FishNew York Court of Appeals · 1878
- Marino v. . LehmaierNew York Court of Appeals · 1903
- Mattson v. AstoriaOregon Supreme Court · 1901
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
64 more not listed; retrieve them via the Exa API.