Ring v. . City of Cohoes
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 13 Hun, 76.) This action was brought to recover damages for injuries alleged to have been occasioned by the neglect of defendant in permitting obstructions upon one of its streets. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Reported below, 13 Hun, 76.) This action was brought to recover damages for injuries alleged to have been occasioned by the neglect of defendant in permitting obstructions upon one of its streets. The facts appear sufficiently in the opinion. The so called negligent acts of defendant alleged by plaintiff and found by the referee were too remotely connected, if at all, rvith the accident, to have caused or…
1Opinion of the Court
Earl, ,J.
A municipal corporation, bound to keep its streets in repair, does not become an insurer of travelers thereon. It is bound to use reasonable skill and diligence in making its streets safe and convenient for travel. It is under no obligation to provide for everything that may happen upon its streets, but only for such use of them as is ordinary or as may reasonably be expected. It is not bound to keep its streets in such condition that a traveler thereon may with safety run his horses at a furious rate of speed or drive thereon safely unmanageable horses; neither is it bound to keep…
2Cases cited7 opinions
- Houfe v. Town of FultonWisconsin Supreme Court · 1871
- Dreher v. Town of FitchburgWisconsin Supreme Court · 1868
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
- Baldwin v. Greenwoods Turnpike Co.Supreme Court of Connecticut · 1873
- Titus v. Inhabitants of NorthbridgeMassachusetts Supreme Judicial Court · 1867
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3Cited by146 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- City of Galveston v. PosnainskyTexas Supreme Court · 1884
- Laidlaw v. . SageNew York Court of Appeals · 1899
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Sweet v. . PerkinsNew York Court of Appeals · 1909
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