Hayner v. Town of Schaghticoke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lucas H. Hayner, from a judgment of the Supreme Court in favor of the defendant, entered in the. office of the clerk of the county of Rensselaer on the 28th day of January, 1908, upon the dismissal of the complaint by direction of the court upon the plaintiff’s opening at the Rensselaer Trial Term on the ground that the complaint fails to state facts sufficient to constitute a cause of action.
1Opinion of the Court
Smith, P. J.:
This is an action against a town to recover damages on account of injuries alleged to have been caused by the negligence of the commissioner of highways in ¡jermitting a certain road to remain in a dangerous condition. The only question, upon this appeal is as to the ruling of the trial court, at the opening of the case, in granting defendant’s motion to dismiss the complaint, on the ground that it did not state facts sufficient to constitute a cause of action. The complaint contained no allegation that the town highway commissioner had funds, and a nonsuit was granted on the…
2Cases cited11 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
- Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
- McNulty v. . City of New YorkNew York Court of Appeals · 1901
- Quinn v. Town of SemproniusAppellate Division of the Supreme Court of the State of New York · 1898
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