Snowden v. . Town of Somerset
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 28, 1901, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by the plaintiff in an accident alleged to have been caused by the negligence of the defendant’s commissioner of highways.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 28, 1901, affirming a judgment in favor of defendant entered upon a verdict directed by the court and an order denying a motion for a new trial. This action was brought to recover damages for injuries sustained by the plaintiff in an accident alleged to have been caused by the negligence of the defendant’s commissioner of highways. The plaintiff, her husband and family reside on the highway known as the “ Burgess Boad,” which is about a mile in length, and runs north from the “…
1Opinion of the CourtWerner, J.
Under the provisions of the Highway Law (Sec. 16, chap. 568, Laws 1890) “ Every town shall be liable for all damages to person or property sustained by reason of any defect in its highways or bridges, existing because of the negligence of any commissioner of highways in such towns. * * * ” Under this law, as under the statute of 1881, the negligence of the highway' commissioner is still .the basis of liability and the town is liable for his neglect only in the cases where he was liable himself- before the statute was enacted. (Lane v. Town of Hancock, 142 N. Y. 515.) It is not necessary in…
2Cases cited10 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Chisholm v. . StateNew York Court of Appeals · 1894
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ziehm v. StateAppellate Division of the Supreme Court of the State of New York · 1946
- Corcoran v. . City of New YorkNew York Court of Appeals · 1907
- Laitenberger v. StateNew York Court of Claims · 1947
- Godfrey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Garrette v. StateNew York Court of Claims · 1950
16 more not listed; retrieve them via the Exa API.