Townsend v. President of the Susquehannah Turnpike Road
New York Supreme Court
THIS was an action on the case, brought against the defendants, under the acts of the legislature, passed the lst April, 1800, and the 20th March, 1804, to recover t^ie va^ue °f a horse, killed by the fall of a bridge, on the road of the defendants, ■ The cause was tried, at the Green circuit, in Decembery 1809, before Mr. Justice Van Ness.
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THIS was an action on the case, brought against the defendants, under the acts of the legislature, passed the lst April, 1800, and the 20th March, 1804, to recover t^ie va^ue °f a horse, killed by the fall of a bridge, on the road of the defendants, ■ The cause was tried, at the Green circuit, in Decembery 1809, before Mr. Justice Van Ness. A witness for the plaintiff, testified, that he drove the Plaintiff’s waggon with four horses, carrying a mill-stone, weighing about a ton, and that while he was crossingthe Fridge, on a slow walk, the sway girt and two string pieces of the bridge broke,…
1Per curiam
The court would have been better satisfied, if upon the facts stated in this case, the verdict had been for the defendants ; but they cannot say that the verdict is so strongly against evidence as to require it to .be set aside, considering that the damages are very moderate, if damages at all were to be given. The defendants are bound to bestow ordinary care and diligence in the construction and preservation of their bridges. They are not responsible for accidents, if those accidents do not arise from the want of this ordinary care and skill. But there was some evidence to this effect, and…
2Cited by17 opinions
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- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Hogg v. Zanesville Canal & Manufacturing Co.Ohio Supreme Court · 1832
- Dardanelle Pontoon Bridge & Turnpike Co. v. CroomSupreme Court of Arkansas · 1910
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