Legal Opinion
Fletcher v. County of Broome
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 1955PublishedCited by 9 opinions
1Opinion of the CourtBergan, J.
Within the frame of this single case is an illustration of a liability over in tort well pleaded and of another situation in which it is not well pleaded. The record illustrates in relief ‘ ‘ active ’ ’ and ‘ ‘ passive ’ ’ negligence.
While riding on the back of a truck owned by Tanzini Brothers, infant plaintiff Fletcher was injured when he was thrown from the truck on Watson Boulevard, Broome County. The complaint against the County of Broome in his action alleges the accident was due to the existence of a “ large depression ” on a highway for which the county was responsible to the public…
2Cases cited4 opinions
- Tipaldi v. Riverside Memorial Chapel, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
- Tipaldi v. Riverside Memorial Chapel, Inc.New York Court of Appeals · 1948
- Ruping v. Great Atlantic & Pacific Tea Co.Appellate Division of the Supreme Court of the State of New York · 1953
- Anderson v. Liberty Fast Freight Co.Appellate Division of the Supreme Court of the State of New York · 1954
3Cited by9 opinions
- Campigno v. McQuideAppellate Division of the Supreme Court of the State of New York · 1955
- Board of Education of Central School District No. 1 v. HomerNew York Supreme Court · 1974
- Seide v. StateNew York Court of Claims · 1959
- Sobel v. City of New YorkNew York Court of Appeals · 1961
- Flory v. Elmira Hotel Operating Corp.Appellate Division of the Supreme Court of the State of New York · 1958
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