Legal Opinion

Short v. Town of Orange

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1916PublishedCited by 7 opinions

Appeal by the plaintiff, John B. Short, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schuyler on the 13th day of May, 1916, upon the dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the same day, granting the motion for a nonsuit and dismissing the complaint.

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Appeal by the plaintiff, John B. Short, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Schuyler on the 13th day of May, 1916, upon the dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the same day, granting the motion for a nonsuit and dismissing the complaint. The town of Orange leased a steam tractor for use in repairing highwáys. While proceeding along one of the highways of the town it stopped about twenty-two feet from a barn of the…

1Opinion of the Court

Cochrane, J.:

Towns in their corporate capacity have no control over and are not under obligation to keep highways in repair. (People ex rel. Van Keuren v. Town Auditors, 74 N. Y. 310; Robinson v. Town of Fowler, 80 Hun, 101.)

In People ex rel. Morey v. Town Board (175 N. Y. 394), Chief Judge Parker in epitomizing the Van Keuren Case (supra), said that the court in that case “after referring to the provisions showing that the town is not liable for the neglect of the commissioners to perform their duties, and that highways are not the property of the town nor for the use of its inhabitants…

2Cases cited3 opinions

  1. People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
  2. People Ex Rel. Morey v. Town Board of AuditNew York Court of Appeals · 1903
  3. Robinson v. Town of FowlerNew York Supreme Court · 1894

3Cited by7 opinions

  1. Rowley v. City of Cedar RapidsSupreme Court of Iowa · 1927
  2. Brothers v. Town of LeonAppellate Division of the Supreme Court of the State of New York · 1921
  3. Coyne v. Town of GreenburghNew York Supreme Court · 1920
  4. Weiler v. Town of OsceolaNew York Supreme Court · 1966
  5. Anderson v. Port Washington Public Parking DistrictAppellate Division of the Supreme Court of the State of New York · 1956

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