McMahon v. Town of Salem
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Town of Salem, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 11th day of May, 1897, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 7th day of May, 1897, denying this defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Merwin, J.:
On the 12th of June, 1895, while the plaintiff with a team and wagon was crossing a bridge over Black creek, in the town of Salem, a portion of the bridge gave way, and the plaintiff, with his team and wagon, was precipitated to the bottom of the creek. For the injuries then received the plaintiff seeks in this action to recover damages from the town, upon 'the ground that the damages were sustained by reason of a defect in the bridge, existing because of the neglect of the commissioner- of highways of the town. (Highway Law [Laws of 1890, chap. 568], § 16.) The recovery is upon…
2Cases cited5 opinions
- Sloan v. . the New York Central R.R. Co.New York Court of Appeals · 1871
- Clapper v. . Town of WaterfordNew York Court of Appeals · 1892
- Patchin v. . the Astor Mutual Insurance Co.New York Court of Appeals · 1855
- Whitlock v. Town of BrightonAppellate Division of the Supreme Court of the State of New York · 1896
- Young v. Town of MacombAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by7 opinions
- In re the Probate of the Last Will & Testament of EnoAppellate Division of the Supreme Court of the State of New York · 1921
- Mercantile Bank of Memphis v. BusbyTennessee Supreme Court · 1908
- Vandewater v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 1902
- Vandewater v. Town of WappingerAppellate Division of the Supreme Court of the State of New York · 1902
- Hayner v. Town of SchaghticokeAppellate Division of the Supreme Court of the State of New York · 1908
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