Ring v. City of Cohoes
New York Supreme Court
Appeal from a judgment in favor of tbe plaintiff, entered-upon tbe report of a referee. Tbis action was brought to recover damages for personal injuries sustained by tbe plaintiff while driving a horse and cutter upon Mobawli street, in tbe city of Cohoes.
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Appeal from a judgment in favor of tbe plaintiff, entered-upon tbe report of a referee. Tbis action was brought to recover damages for personal injuries sustained by tbe plaintiff while driving a horse and cutter upon Mobawli street, in tbe city of Cohoes. The referee found, among other things: “That Mohawk street was a public highway and street within said city; that at the time of the accident and injury to the plaintiff, hereinafter mentioned, a large pile of ashes and cinders had accumulated upon the westerly side of said Mohawk street, at a point directly opposite the place where said…
1Opinion of the Court
Bocees, J.:
The right of action rests upon the alleged improper manner of setting the hydrants as to locality. The street opposite the hydrant was obstructed by a pile of ashes which had been accumulating for a considerable period of time; but this fact was of importance only as the ash-pile Marrowed the surface of the street, open to travel at the place where the injury occurred; and hence, to some extent, bore on the question whether the road, in view of the manner in which the hydrant was placed, was, at that point, reasonably safe for public travel.
The plaintiff was driving along the…
2Cases cited20 opinions
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
- Dougan v. . Champlain Transportation Co.New York Court of Appeals · 1873
- Davenport v. . RuckmanNew York Court of Appeals · 1868
- Slater v. . MersereauNew York Court of Appeals · 1876
- Hunt v. Town of PownalSupreme Court of Vermont · 1837
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