Ehle v. Town of Minden
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Ehle, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 4th day of February, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Montgomery Trial Term.
1Opinion of the Court
Kellogg, J.:
This action is for damages for injuries to plaintiff’s horse and person sustained through the fall of a bridge while plaintiff was attempting to cross it with a load of hay weighing 4,299 pounds, horses weighing 2,800 pounds, and wagon weighing 1,400 pounds.
It appears that some days prior to the accident the highway bridge had been washed out by a freshet and the highway itself had been barricaded to prevent travel in the direction of the washout. This was done by the highway commissioner. A passageway by license of the owner of the land had been opened through the. private lands…
2Cases cited4 opinions
- Smith v. . City of RochesterNew York Court of Appeals · 1879
- The Mayor, C. of Albany v. . CunliffNew York Court of Appeals · 1849
- Sewell v. . City of CohoesNew York Court of Appeals · 1878
- Taylor v. Davis CountySupreme Court of Iowa · 1875