Bryant v. . Town of Randolph
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1891, which affirmed a judgment in favor of defendant, entered upon a verdict and. also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of June, 1891, which affirmed a judgment in favor of defendant, entered upon a verdict and. also affirmed an order denying a motion for a new trial. This action was brought to recover damages occasioned by the death of George A. Bryant by the overturning of a wagon loaded with bark, on a public highway in the town of Bandolph, on the 23d day of September, 1887. The deceased was a young man nineteen years of age, and on the morning of the day mentioned he…
1Opinion of the CourtAndbews, J.
The act of 1881 (Chap. 700) imposes upon the several towns of the state liability for any damages occasioned to persons or property by reason of defective highways in cases where theretofore the commissioner of highways of the town would have been liable. The general highway statute places upon the highway commissioner the “ care and superintendence of the highways and bridges ” in his town. (1 Rev. St. 501, § 1.) It is the established rule in this state that where an individual sustains an injury by misfeasance or nonfeasance of a public officer, who acts contrary to, or omits to act in…
2Cases cited3 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
3Cited by23 opinions
- Flansburg v. . Town of ElbridgeNew York Court of Appeals · 1912
- Town of New Castle v. GrubbsIndiana Supreme Court · 1908
- McGraw v. . GresserNew York Court of Appeals · 1919
- Allen v. Buffalo, Rochester & Pittsburgh Railway Co.New York Court of Appeals · 1897
- Barber v. Town of New ScotlandNew York Supreme Court · 1895
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