Heib v. Town of Big Flats
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, J ohn Heib, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Chemung on tlie 9th day of November, 1900, upon the dismissal of the complaint by direction of the court after a trial at the Chemung Trial Term, and also from an order entered in said clerk’s office on the 28th day of September, 1900, denying the plaintiff’s motion for a. new trial made upon the minutes.
1Opinion of the Court
Kellogg, J.:
This action was brought to recover damages for injuries to the person of plaintiff, suffered from the falling of a highway bridge. The plaintiff was engaged in running a traction engine attached to-a thresher across this bridge when the stringers in the middle and on one side broke, and- the engine was turned over and fell some five feet onto the ground below, the bridge. The evidence shows that the bridge was twenty-one feet long from abutment to abutment ; was an old bridge built some nine years before this accident, and then built with old stringers. The bridge was a simple,…
2Cited by8 opinions
- Conder v. GriffithIndiana Court of Appeals · 1916
- Sant v. Continental Life InsuranceIdaho Supreme Court · 1930
- Peterson v. King CountyWashington Supreme Court · 1939
- Commercial Standard Ins. Co. v. McKinneyCourt of Appeals of Texas · 1938
- Vandewater v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 1902
3 more not listed; retrieve them via the Exa API.