Ayres v. Water Commissioners
New York Supreme Court
Exceptions ordered to be beard at tbe General Term, in tbe first instance, after a verdict in favor of tbe defendants at tbe Broome County Circuit.
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Exceptions ordered to be beard at tbe General Term, in tbe first instance, after a verdict in favor of tbe defendants at tbe Broome County Circuit. Tbis action was brought by tbe plaintiff against tbe defendants., tbe water commissioners of tbe city of Binghamton, for tbe recovery of damages for injuries claimed by tbe plaintiff to have been caused by tbe neglect of tbe defendants in filling an excavation which they had made in one of tbe city streets, for tbe purpose of repairing or relaying tbe water pipes.
1Opinion of the Court
Martin, J.:
One of tbe principal questions litigated, on the trial, of this action *298was whether a certain excavation made by the defendants in one of the streets of a city was properly refilled.
On the trial the defendants called one Dillon as a witness and -expert, and after proving by him that he had' heard the evidence of Belter, who was a witness for the defendants, and who had testified ;as to the manner of refilling the excavation in question, the witness was ashed the following question : “ How would you fill such an •excavation ?” This question was objected to by the plaintiff as…
2Cases cited10 opinions
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Jefferson Insurance v. H. & D. Cotheal.New York Supreme Court · 1831
- The People v. . LakeNew York Court of Appeals · 1855
- Hoard v. PeckNew York Supreme Court · 1867
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