Schell v. Town of German Flatts
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of German Elatts, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 6tli day of May, 1907, upon the- verdict of a jury for $3,850, and also from two orders entered in said clerk’s office on the 6th day of May, 1907, respectively denying the defendant’s motion for a nonsuit and motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and orders should be affirmed, with costs.
The action was brought to recover damages for personal injuries alleged tó have resulted from the negligence of the defendant’s commissioners of highways in leaving an approach to one of the bridges, of the town unguarded.. The plaintiff *-as.riding a bicycle along the approach and came in collision with a pedestrian. He was thrown off his wheel and down the embankment, which was left unguarded, and received serious injuries. A recovery having beep had as a result of the trial before the jui*y, the defendant appeals to this…
2Cited by3 opinions
- Gaynor v. Town of Hempstead, New York County Courts1934
- New York Central Railroad v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1951
- Rupert v. Town of West SenecaNew York Court of Appeals · 1944