Wendell v. Mayor of Troy
New York Supreme Court
APPEAL from a judgment at the circuit and from an order of the special term denying a new trial. The action was brought to recover damages for injuries occasioned to the plaintiff’s back on the 2d of October, 1857, by reason of the negligence of the defendants in not keeping River street, in the city of Troy, in a safe and proper condition, by which negligence a drain running diagonally from Mrs. Birge’s house on the east side of River street, across River street into the…
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APPEAL from a judgment at the circuit and from an order of the special term denying a new trial. The action was brought to recover damages for injuries occasioned to the plaintiff’s back on the 2d of October, 1857, by reason of the negligence of the defendants in not keeping River street, in the city of Troy, in a safe and proper condition, by which negligence a drain running diagonally from Mrs. Birge’s house on the east side of River street, across River street into the drain of Hoosick street, gave way while the plaintiff was passing-south through River street, near Hoosick street, with…
1Opinion of the Court
By the Court,
Hogeboom. J.
I think the present state of adjudication in regard to the liability of municipal corporations and public officers, for injuries occurring by negligence, authorizes us to lay down the following propositions;
1. Where municipal corporations or individuals are charged, as in the case of streets or highways, with the duty of keejúng them in repair and exercising a general oversight in regard to their condition and safety, they or the body" they represent are liable for all injuries happening by reason of their negligence. (Mayor of New York v. Furze, 3 Hill, 612. Weet v.…
2Cases cited6 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Congreve v. . SmithNew York Court of Appeals · 1858
- Norton v. E. WiswallNew York Supreme Court · 1858
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hume v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Curry v. Town of ManningtonWest Virginia Supreme Court · 1883
- Marine Ins. v. St. Louis, I. M. & S. Ry. Co.U.S. Circuit Court for the District of Eastern Arkansas · 1890
- Kenyon v. City of IndianapolisIndiana Superior Court · 1872
- Beall v. City of SeattleWashington Supreme Court · 1902
13 more not listed; retrieve them via the Exa API.