Pelkey v. Town of Saranac
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Saranac, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 8th day of April,. 1901, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 11th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Town of Saranac, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Clinton on the 8th day of April,. 1901, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 11th day of May, 1901, denying the defendant’s motion for a new trial made upon the minutes. Also an appeal by the defendant, The Town of Saranac, from an order of the Supreme Court, made at the Saratoga Special Term and entered in the office of the clerk of the county of Clinton on ■ the 29th day…
1Opinion of the Court
Parker, P. J.:
The question presented by this record is whether the highway commissioner of the town of Saranac can be charged with negligence for omitting to place some guardrail or protecting barrier along the sides of the bridge in question. The jury have said that lie was. Can we say, as matter of law, that he was not % It is not disputed but that the bridge was about twenty-seven feet long and thirteen feet wide, and ivas ten feet above the bottom of the stream below. If a man drove ofi there he was more than likely to be seriously, if not fatally, injured. And that, in a dark night,…
2Cited by5 opinions
- Schell v. Town of German FlatsNew York Supreme Court · 1907
- Smiley v. FinucaneNew York Supreme Court · 1911
- Cole v. MansonNew York Supreme Court · 1903
- Rising v. Town of Moreau, New York County Courts1910
- Rising v. Town of Moreau, New York County Courts1910