Kelly v. Town of Saugerties
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Saugerties, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 14th day of July, 1905, upon the verdict of h jury for $5,000, and also from an order entered in said clerk’s office on the 15th day of July, 1905, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Town of Saugerties, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Ulster on the 14th day of July, 1905, upon the verdict of h jury for $5,000, and also from an order entered in said clerk’s office on the 15th day of July, 1905, denying the defendant’s motion for a new trial made upon the minutes. The action is to recover damages for the death of plaintiff’s intestate, caused, as it is claimed, by the negligence of the highway commissioner of defendant town in failing to keep in repair a bridge…
1Opinion of the Court
Smith, J.:
By section 154 of the Highway Law (Laws of 1890, chap. 568) it is provided that “ No town shall be liable' for any damage resulting to person or property by reason of the breaking of any bridge, by transportation on the same, of any vehicle and load, together weighing four tons or over.” The plaintiff’s intestate was driving a load of stone across the bridge from the quarry of one Van Steenbergh. Four horses were drawing the load. The horses had just passed over when the bridge fell. Upon the wagon was the weight of the stone, the weight of' plaintiff’s intestate and the weight of…
2Cited by2 opinions
- O'Bryan v. StateNew York Court of Claims · 1910
- Smith v. Town of TroupsburgNew York Supreme Court · 1925