Allen v. Town of Allen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Minnie M. Allen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk'of the county of Allegany on the 7th day of October, 1897, on the verdict of. a jury, and also from an order entered in said clerk’s office on the 23d day of June, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Minnie M. Allen, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk'of the county of Allegany on the 7th day of October, 1897, on the verdict of. a jury, and also from an order entered in said clerk’s office on the 23d day of June, 1897, denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought to recover damages for an injury to the plaintiff, caused by a defect in an approach to a bridge in the town of the defendant, on the 3d' day of May, 1896, as the result of which the plaintiff…
1Per curiam
One of the contested questions upon the trial was whether the defendant had had constructive notice of the alleged defect in the approach to the bridge. The evidence disclosed that, at the time of such accident to the plaintiff, William Sylor was the commissioner of highways of the defendant, he having been elected as such on *464the 1st Tuesday of March, 1896 ; that the commissioner of high- ' ways for the year previous was one John Yagerthat Yager, while commissioner, had had his attention called to the.bridge in question,, and was a Witness upon the .trial. ",
The counsel for the plaintiff…
2Cases cited3 opinions
- Pettengill v. . City of YonkersNew York Court of Appeals · 1889
- Bullock v. Town of DurhamNew York Supreme Court · 1892
- Shaw v. Town of PotsdamAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Spencer v. Town of SardiniaAppellate Division of the Supreme Court of the State of New York · 1899
- Kelly v. Town of VeronaAppellate Division of the Supreme Court of the State of New York · 1904