Lawton v. Olmstead
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Herbert F. Lawton, from a judgment of the County Court of -Saratoga county in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 26th day of July, 1897, reversing a judgment in favor of the plaintiff rendered by a justice of the peace, and also from an order made by the County Court of Saratoga county upon which such judgment was entered.
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Appeal by the plaintiff, Herbert F. Lawton, from a judgment of the County Court of -Saratoga county in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 26th day of July, 1897, reversing a judgment in favor of the plaintiff rendered by a justice of the peace, and also from an order made by the County Court of Saratoga county upon which such judgment was entered. The above action was brought in a Justice’s Court to recover damages against the defendant for an injury caused to plaintiff’s wagon by running against a log, which had rolled from a pile of…
1Opinion of the Court
Parker, P. J.:
Prom the undisputed evidence in this case, I think we must .assume the following facts:
That the logs piled in the highway but a few feet from the traveled track were a public nuisance.
That, although they were placed there by Whitaker without the •defendant’s knowledge, and under a contract which gave Whitaker the sole control of them until delivered at the mill or river bank, yet the defendant learned as early as the Sunday before the Friday on which the injury was sustained, that they were his logs, left there by Whitaker while performing such contract. Also, that he,…
2Cases cited1 opinion
- Northrop v. BurrowsNew York Supreme Court · 1860
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