Halstead v. Village of Warsaw
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Myrtie A. Halstead, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wyoming on the 25th day of July, 1898, upon a nonsuit granted by the court at the close of the plaintiff’s evidence, after a trial before the court and a jury at the Wyoming Trial Term.
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Appeal by the plaintiff, Myrtie A. Halstead, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wyoming on the 25th day of July, 1898, upon a nonsuit granted by the court at the close of the plaintiff’s evidence, after a trial before the court and a jury at the Wyoming Trial Term. The plaintiff was injured on the 14th of May, 1898. On the morning of that day she, with her husband, went to the Erie station in the village of Warsaw, leaving their horse and two-seated carriage in a barn near the station, and went away on the train.…
1Opinion of the Court
Spring, J.:
The nonsuit was error. The street was intended for the public, and, while the municipal authorities necessarily were entitled to its use to improve and repair it, they must exercise that use in a way to insure the safety of travelers so far as compatible with the temporary interference of those intrusted with its care. When work upon the street is suspended for the day, if there is any obstruction to its unrestricted use, then that obstruction should be guarded so it is not a menace to the traveler. If there is an excavation in the street, it must be protected by lights or…
2Cases cited6 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Phillips v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1891
- Whitney v. . Town of TiconderogaNew York Court of Appeals · 1891
- Eggleston v. President, Directors & Co. of the Columbia Turnpike RoadNew York Court of Appeals · 1880
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3Cited by5 opinions
- Buchanan's Sons v. Cranford Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Berg v. Town of AuburnWisconsin Supreme Court · 1909
- Vandercook v. Detroit, Grand Rapids & Western RailroadMichigan Supreme Court · 1900
- Wallace v. Village of CanandaiguaNew York Supreme Court · 1909
- Sweet v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1906