Whitlock v. Town of Brighton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Brighton, from a judg- ' ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 30th day of April, 1895, upon the verdict of a jury rendered after a trial at the Monroe Circuit, and also from an order entered in said clerk’s office on the 30th day of April, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Town of Brighton, from a judg- ' ment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 30th day of April, 1895, upon the verdict of a jury rendered after a trial at the Monroe Circuit, and also from an order entered in said clerk’s office on the 30th day of April, 1895, denying the defendant’s motion for a new trial made upon the minutes. The jury rendered a verdict in favor of the plaintiff for $3,000. On the 21st^day of January, 1893, the plaintiff was walking along one of the highways in the town…
1Opinion of the Court
Adams, J.:
It was incumbent upon the defendant, through its commissioner of highways, to employ all reasonable effort to keep its highways and bridges in a proper state of repair, and this action is brought upon the theory that the defendant has been guilty of an omission of its duty in this regard. The question of the defendant’s negligence, as well as that of any want of care on the part of the plaintiff which may have 'contributed to the injury of which she *23complains, was submitted to the jury, as was also the question of the extent of the plaintiff’s injuries, and as the evidence in the…
2Cases cited1 opinion
- Hover v. BarkhoofCommission of Appeals · 1870
3Cited by8 opinions
- McNulty v. . City of New YorkNew York Court of Appeals · 1901
- Quinn v. Town of SemproniusAppellate Division of the Supreme Court of the State of New York · 1898
- McMahon v. Town of SalemAppellate Division of the Supreme Court of the State of New York · 1898
- Boyce v. Town of ShawangunkAppellate Division of the Supreme Court of the State of New York · 1899
- Allstate Insurance Company v. Medaid Radiology, LLCDistrict Court, S.D. New York · 2020
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