Featherson v. President of Newburgh & Cocheton Turnpike Co.
New York Supreme Court
Appeal from special term, Orange county. Action by Mary Featherson against the president, directors, and company of the Newburgh & Cochecton Turnpike Company for personal injuries caused by an obstruction which defendants negligently permitted to be and remain on such road. From an order sustaining a demurrer to so much of the answer as set up a former adjudication as a separate defense, defendants appeal.
1Opinion of the CourtDykman, J.
This is an appeal from the order sustaining a demurrer by plaintiff to one of the separate defenses set up in the answer of the defendant. The action was for the recovery of damages for personal injuries sustained by the plaintiff upon the defendant’s road, caused by 'am obstruction which was permitted to remain there by the defendant. After stating that the defendant was a turnpike corporation organized under a special act of the legislature of the state, and that the road was a public highway, and that it was the duty of the defendant to keep and maintain the same reasonably free from…
2Cases cited2 opinions
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Castle v. . NoyesNew York Court of Appeals · 1856
3Cited by26 opinions
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- Portland Gold Mining Co. v. Stratton's Independence, Ltd.Court of Appeals for the Eighth Circuit · 1907
- City of Anderson v. FlemingIndiana Supreme Court · 1903
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