Lane v. . Town of Hancock
New York Court of Appeals
Appeal from judgment of the General Term of the third judicial department, entered upon an order made February 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the third judicial department, entered upon an order made February 15, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s evidence failed to show that the death of the decedent was caused by the negligence of the highway commissioners; the defendant’s liability was, therefore, not established, and its motion to dismiss the complaint and for a non-suit should have been granted. (Maxim v. Town of Champion, 50 Hun, 88;…
1Opinion of the CourtO’Bbien, J.
The plaintiff was the husband and is the administrator of Sarah A. Lane, who was killed on the 28th of March, 1888, by an accident resulting, as is claimed, from a defect in one of the public highways of the town. It is claimed that the defendant is responsible for the damages resulting from the death, and this action was brought to enforce the liability. The plaintiff recovered a verdict for '$1,000 upon which judgment was entered and it has been affirmed at the General Term. By chapter Y00 of the Laws of 1881, the primary responsibility for injuries to pjerson or property resulting from…
2Cases cited8 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Linkhauf v. . LombardNew York Court of Appeals · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Beltz v. . City of YonkersNew York Court of Appeals · 1895
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Roberts v. . Town of EatonNew York Court of Appeals · 1924
- Heckman v. EvensonNorth Dakota Supreme Court · 1897
- Huston v. County of ChenangoAppellate Division of the Supreme Court of the State of New York · 1937
61 more not listed; retrieve them via the Exa API.