Scott v. Town of North Salem
Appellate Division of the Supreme Court of the State of New York
Appeal by the- defendant, the Town of North Salem, from an order of the County Court of Westchester county, entered in the office, of the clerk of said county on the 20tli day of November, 1909, denying a motion to vacate an order, entered in said clerk’s office on the 8th day of November, 1909, which granted a new trial' .as against the said defendant, with notice of an intention to bring up for review the said order granting a new trial.
1Opinion of the Court
Carr, J.:
The plaintiff has- brought this action against the town of North Salem and the other defendants above named to recover damages for injuries to his horse and wagon, alleged to have* been caused by the defective condition of a public highway. The cause of action arose on December 17, 1905. When the action came on for trial at the County Court, in Westchester county, on November 11, 1908, and after a jury was sworn, the defendant the town of North Salem moved for a dismissal of the complaint on thé ground that it failed to state a causé of action against the town. The- motion was…
2Cases cited2 opinions
- Lane v. . Town of HancockNew York Court of Appeals · 1894
- Waller v. Town of HebronAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Farrell v. . Town of North SalemNew York Court of Appeals · 1912