Taylor v. Town of Constable
New York Supreme Court
Appeal from circuit court, Franklin county. Action by Herbert M. Taylor against the town of Constable for injuries sustained by the falling.of a defective bridge. . A nonsuit was granted, and plaintiff appeals.
1Opinion of the CourtLearned, P. J.
This is an appeal from a judgment on a nonsuit at circuit. The action was brought to recover damages for injuries caused to plaintiff by reason of the fall of one df defendant’s bridges, by means of which he was thrown into the water. There was no doubt, on the proof given at the trial, of the defective condition of the bridge, of its fall, and of plaintiff’s injury. The defendant insisted that the plaintiff was guilty of contributory negligence, and upon that ground the nonsuit was granted. The plaintiff was overseer of the highways of the district in which the bridge was. There were two…
2Cases cited5 opinions
- Bullock v. Mayor, Aldermen Commonalty, N.Y.New York Court of Appeals · 1885
- McGuire v. . SpenceNew York Court of Appeals · 1883
- Day v. . DayNew York Court of Appeals · 1883
- Sterger v. Van SiclenNew York Supreme Court · 1889
- Walker v. Globe Manufacturing & Importing Co.The Superior Court of the City of New York and Buffalo · 1889
3Cited by3 opinions
- Boyce v. Town of ShawangunkAppellate Division of the Supreme Court of the State of New York · 1899
- Taylor v. Town of ConstableNew York Supreme Court · 1891
- Towns v. Rome, Watertown & Ogdensburg RailroadNew York Supreme Court · 1889