Flansburg v. . Town of Elbridge
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1911, affirming a judgment in favor of plaintiff entered upon a verdict.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 12, 1911, affirming a judgment in favor of plaintiff entered upon a verdict. The action is to recover the damages resulting from personal injuries to plaintiff by reason of the negligence of the commissioners of highways of the defendant in failing to maintain a guard wall upon the north end of a culvert within a public highway from which plaintiff’s horse fell. The jury might have found as the facts most favorable to the allegations of plaintiff: The highway at the locality in…
1Opinion of the CourtCollin, J.
Under the statutes the defendant is liable to the plaintiff provided his damages came by reason of a defect in the highway existing because of the neglect of its commissioners of highways. (Laws of 1881, chap. 700; Laws of 1890, chap. 568, sections 16, 17; Laws of 1909, chap. 30, sections 43, 74, 75.) The commissioners were under the statutory duty to care for and cause to be kept in repair the highways and bridges of the town (Laws of 1890, chap. 568, section 4), and the common law of this state gives a right of action against commissioners of highways, who act contrary to or omit to act in…
2Cases cited11 opinions
- Hubbell v. . City of YonkersNew York Court of Appeals · 1887
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Dougherty v. . Village of HorseheadsNew York Court of Appeals · 1899
- Brady v. Manhattan Railway Co.New York Court of Appeals · 1891
- Glasier v. . Town of HebronNew York Court of Appeals · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Sawyer v. Dreis & Krump Manufacturing Co.New York Court of Appeals · 1986
- Bottalico v. State of NYNew York Court of Appeals · 1983
- 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
- Brooks v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1977
37 more not listed; retrieve them via the Exa API.