Dougherty v. . Village of Horseheads
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 5, 1896, affirming a judgment in favor of the plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The foundation of this action being negligence, some wrongful act or willful neglect of duty must be established to justify submission of the case to a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered September 5, 1896, affirming a judgment in favor of the plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The foundation of this action being negligence, some wrongful act or willful neglect of duty must be established to justify submission of the case to a jury. (Hemmens v. Nelson, 138 N. Y. 517 ; Smith v. Mayor, etc., 66 N. Y. 296 ; Hubbell v. City of Yonkers, 104 N. Y. 434 ; Hunt v. Mayor, etc., 109 N. Y. 134…
1Opinion of the CourtVann, J.
This action was brought to recover damages for personal injuries sustained by the plaintiff through the alleged negligence of the defendant. As- the jury found for the plaintiff, they are presumed to have found all the facts in his favor that have any reasonable support in the evidence. Those facts, so far as they are material to the question discussed, are substantially as follows: Main street, in the village of Horseheads, over sixty feet in width, runs substantially north and south, and at the point where the accident in question happened there is a driveway leading from the west line of…
2Cases cited8 opinions
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Dubois v. . City of KingstonNew York Court of Appeals · 1886
- Macomber v. City of TauntonMassachusetts Supreme Judicial Court · 1868
- Hunt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1888
- City of Wellington v. GregsonSupreme Court of Kansas · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Stern v. International Railway Co.New York Court of Appeals · 1917
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Pitkin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1904
- Robert v. . PowellNew York Court of Appeals · 1901
- Koehler v. City of New YorkNew York Court of Appeals · 1933
36 more not listed; retrieve them via the Exa API.