Schulz v. Hudson Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Hudson Valley Railway Company and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the 'clerk of the county of Hew York on the 8th day of September, 1911, denying a motion duly made by the defendant Hudson Valley Railway Company, in which the defendant the Village of Saratoga Springs was permitted to intervene without affidavits to change the place of trial from the county of Hew York to…
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Appeal by the defendants, the Hudson Valley Railway Company and another, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the 'clerk of the county of Hew York on the 8th day of September, 1911, denying a motion duly made by the defendant Hudson Valley Railway Company, in which the defendant the Village of Saratoga Springs was permitted to intervene without affidavits to change the place of trial from the county of Hew York to the county of Saratoga.
1Opinion of the Court
IiAUGHLIN, J.;
The action is brought to recover damages for personal injuries sustained by plaintiff by being thrown, from a buggy in which he was riding at the intersection of Bast avenue with the Speedway and Fifth avenue, being a public highway in the village of Saratoga Springs, on or about the 20th day of August, 1910, alleged to have been caused by negligence on the part of the railway company in failing to perform its duty to restore and *789maintain the surface of the street between its tracks in a safe condition for public travel, and to pave the same in accordance with the obligations…
2Cited by3 opinions
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- Rose v. Town of RichmondAppellate Division of the Supreme Court of the State of New York · 1925
- Rice v. Village of PeekskillAppellate Division of the Supreme Court of the State of New York · 1924