Grant v. Town of Enfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Town of Enfield, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 20th day or March, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Tompkins, and also from an order entered in said clerk’s office on the 27th day of July, 1896, denying the defendant’s motion for a new trial made upon the…
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Appeal by the defendant, the Town of Enfield, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 20th day or March, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Tompkins, and also from an order entered in said clerk’s office on the 27th day of July, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Per curiam
This action was brought to recover damages against the town of Enfield resulting from the alleged negligence of its highway commissioner, in permitting a hole to. remain in one of the highways of said town, in consequence of which the plaintiff was injured.
One of the witnesses for the plaintiff testified that the hole was eight inches deep, but there was a decided preponderance of evidence that its depth was only three or four inches; that it was saucer or basin-like in its shape, and several feet in length.
After a careful consideration of the testimony, we are of the opinion that, under the…
2Cases cited2 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Waller v. Town of HebronAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by5 opinions
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Goodwyn v. City of ShreveportSupreme Court of Louisiana · 1914
- Keen v. City of MitchellSouth Dakota Supreme Court · 1916
- Taylor v. MansonCalifornia Court of Appeal · 1908
- Gibbs v. Girard (Vil.)Ohio Circuit Courts · 1911