Legal Opinion

Young v. Town of Macomb

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 5 opinions

Appeal by the plaintiff, Diadana Young, from a judgment of the Supreme Court in favor of the defendant-, entered in the office of the clerk of the county of St. Lawrence on the 26tli day of October, 1895, upon a nonsuit granted by the court after a trial at the St. Lawrence Circuit before the court and a jury.

1Opinion of the Court

Merwin, J.:

On the 12th of August, 1893, the plaintiff and her husband were riding in a one-horse carriage along the approach to a bridge in the town of Macomb. The horse became frightened and backed off the side of the approach, and all went into the water and mud. For the injuries received, this action is brought to recover damages. It is claimed that the defendant or its commissioner of highways ivas negligent in not having sufficient barriers or guards on the side of the approach.

At the close of the evidence on the part of plaintiff the court held, *481in denying defendant’s motion for a…

2Cases cited4 opinions

  1. Dounce v. . DowNew York Court of Appeals · 1876
  2. Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
  3. Monk v. . Town of New UtrechtNew York Court of Appeals · 1887
  4. Filippini v. SteadThe Superior Court of New York City · 1893

3Cited by5 opinions

  1. McMahon v. Town of SalemAppellate Division of the Supreme Court of the State of New York · 1898
  2. Schell v. Town of German FlatsNew York Supreme Court · 1907
  3. Snowden v. Town of SomersetAppellate Division of the Supreme Court of the State of New York · 1900
  4. Rising v. Town of Moreau, New York County Courts1910
  5. Rising v. Town of Moreau, New York County Courts1910

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