Allen v. Town of Allen
Appellate Division of the Supreme Court of the State of New York
Appeal from Allegany county court. Action by Minnie M. Allen against the town of Allen to recover damages for an injury to plaintiff, caused by a defect in an approach to a bridge within defendant’s limits. From a judgment in favor of defendant, and an order denying a motion for a new trial, plaintiff appeals.
1Per curiam
One of the contested questions upon the trial was whether the defendant had had constructive notice of the alleged defect in the approach to the bridge. The evidence disclosed that at the time of such accident to the plaintiff, William Sylor was the commissioner of highways of the defendant, he having been elected as such on the first Tuesday of March, 1896; that the commissioner of highways for the year previous was one John Yager; that Yager, while commissioner, had had his attention called to the bridge in question, and was a witness upon the trial. The counsel for the plaintiff requested…
2Cases cited7 opinions
- Todd v. . City of TroyNew York Court of Appeals · 1875
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Weed v. . Village of Ballston SpaNew York Court of Appeals · 1879
- Bullock v. Town of DurhamNew York Supreme Court · 1892
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