Nicholson v. . Town of Stillwater
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 2, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered April 2, 1912, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The negligence of the defendant was clearly established; at least the evidence relating to that branch of the case raised a substantial issue of fact which required its submission to the jury. (Ivory v. Town of Deerpark, 116 N. Y. 476; Bryant v. Town of Randolph, 133 N.…
1Opinion of the CourtHiscock, J.
This action is brought to recover damages alleged to have been caused by the death of appellant’s intestate, which resulted from the capsizal, on the 27th day of June, 1908, of an automobile which he was driving over a road located within the respondent’s boundaries. The automobile tipped or slid over a bank at the edge of the traveled roadway in the night time, and it is urged that the respondent is liable because no guard had been erected at the bank.
The highway on which the accident happened was a much traveled one, being the principal line of travel between the cities of Albany, Troy and…
2Cited by16 opinions
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- Johnson v. StateAppellate Division of the Supreme Court of the State of New York · 1919
- Garrow v. StateAppellate Division of the Supreme Court of the State of New York · 1944
- Countryman v. StateAppellate Division of the Supreme Court of the State of New York · 1937
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