Clapp v. Town of Ellington
New York Supreme Court
Appeal from circuit court, Chautauqua county. Action by William H. Clapp against the town of Ellington. From a judgment for plaintiff, and an order denying a motion on case and exceptions for a new trial, defendant appeals.
1Opinion of the CourtBradley, J.
The purpose of the action was to recover damages for personal injuries suffered by the plaintiff and alleged to have been occasioned by the negligence of the commissioner of highways of the defendant. They resulted from the breaking of the middle beam of a bridge over which the plaintiff was passing with a steam traction engine on the 1st day of September, 1885. The bridge constituted part of the highway on the line between the defendant, in the county of Chautauqua, and the town of Conewango, in Cattaraugus county, and the center of the bridge was such line. Upon that fact it is contended…
2Cases cited4 opinions
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- Sweet v. . TuttleNew York Court of Appeals · 1856
- Lyman v. County of HampshireMassachusetts Supreme Judicial Court · 1885
- Day v. . DayNew York Court of Appeals · 1883
3Cited by9 opinions
- Khoury v. County of SaratogaNew York Court of Appeals · 1935
- Peters v. HangerCourt of Appeals for the Fourth Circuit · 1904
- Lyons v. ThomasAppellate Terms of the Supreme Court of New York · 1901
- Trebowoski v. Town of RingleWisconsin Supreme Court · 1917
- Shaw v. Town of PotsdamAppellate Division of the Supreme Court of the State of New York · 1896
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