Farrell v. . Town of North Salem
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 12, 1910, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge as requested by the appellant, and also in that portion of the charge to which exception was taken by the appellant.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered July 12, 1910, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court erred in refusing to charge as requested by the appellant, and also in that portion of the charge to which exception was taken by the appellant. (Scott v. Town of North Salem, 138 App. Div. 25.) The complaint states a cause of action against the town of North Salem.…
1Opinion of the CourtWerner, J.
The plaintiff sustained physical injuries in being thrown from a carriage, and this, she alleges, was caused by the defective condition of one of the highways of the defendant town. The judgment in her favor, entered upon the verdict of the jury, has been unanimously affirmed by the Appellate Division, and our review must, therefore, be controlled by such exceptions as survive in these circumstances. The case is peculiar in several particulars which involve an examination of the complaint and of the charge to the jury.
The action was brought against the defendant town and the individual…
2Cases cited1 opinion
- Scott v. Town of North SalemAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by6 opinions
- Allen v. Village of HolleyAppellate Division of the Supreme Court of the State of New York · 1929
- Ball v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Michetti v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
- Hutley v. New York State Thruway AuthorityNew York Court of Claims · 1988
- Willis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
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