Atwater v. Town of Veteran
New York Supreme Court
Appeal from circuit court, Schuyler county. Action by Burton W. Atwater to recover from the town of Veteran damages for the accidental killing of a horse and injuries too wagon belonging to-the plaintiff, a resident of the town of Dix, Schuyler county.
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Appeal from circuit court, Schuyler county. Action by Burton W. Atwater to recover from the town of Veteran damages for the accidental killing of a horse and injuries too wagon belonging to-the plaintiff, a resident of the town of Dix, Schuyler county. On the 7th of March, 1887, a Mr. Smart, the father-in-law of the plaintiff, and his servant or agent, started with plaintiff’s horses with four bags of feed in a wagon to-take to mill, to have ground at Millport, several miles distant from the residence of the plaintiff, and the injuries sustained to the plaintiff’s property were occasioned by…
1Opinion of the CourtHardin, P. J.
Appellant’s" learned counsel, after frankly and openly conceding that the defendant’s officers were guilty of negligence in respect to keeping the highway in a reasonably safe condition, contend that the plaintiff or his servant was guilty of contributory negligence, and that upon the facts presented in the evidence the court ought to have ruled, as a matter of law, plaintiff could not recover by reason of such contributory negligence. Upon looking into the evidence, we learn that Mr. Smart, the plaintiff’s agent, reached the Narrows about 1 o’clock on Monday afternoon, the 7th of March. He…
2Cases cited15 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Bullock v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1885
- Evans v. . City of UticaNew York Court of Appeals · 1877
- Durkin v. City of TroyNew York Supreme Court · 1872
- Phillips v. Ritchie CountyWest Virginia Supreme Court · 1888
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3Cited by2 opinions
- Byrne v. City of SyracuseNew York Supreme Court · 1894
- Davis v. Kallfelz, New York County Courts1898