Legal Opinion
Bragg v. Genesee County Agricultural Society
New York Court of Appeals
Decided December 8, 1994PublishedCited by 63 opinions
1Opinion of the Court
OPINION OF THE COURT
Simons, J.
Defendant Genesee County Agricultural Society is the owner of an abandoned railway bed that runs from Batavia to Lockport. In 1988 defendant Lathan, the Society’s president, made an oral agreement with a trucking company to excavate gravel from the railbed. Lathan selected the site for the excavation and, though aware that off-road vehicles used the property, did not instruct the contractor to post warning signs or barriers in the area. By September 1990, when this accident occurred, the contractor’s activities had left an opening in the railbed which was 10 feet…
2Cases cited11 opinions
- Sega v. State of New YorkNew York Court of Appeals · 1983
- People v. RyanNew York Court of Appeals · 1937
- Ferres v. City of New RochelleNew York Court of Appeals · 1986
- New York State Bankers Ass'n v. AlbrightNew York Court of Appeals · 1975
- Iannotti v. Consolidated Rail Corp.New York Court of Appeals · 1989
6 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Weller v. Colleges of SenecasAppellate Division of the Supreme Court of the State of New York · 1995
- Albright v. MetzNew York Court of Appeals · 1996
- Kimberly Ann Sallee, Individually and as Next Friend of Lucas Gregory Durkop and Maria Christina Rivera, Matthew James Sallee, and James Allan Sallee v. Matthew R. Stewart and Diana Stewart D/B/A Stewartland HolsteinsSupreme Court of Iowa · 2013
- Rivera v. Glen Oaks Village Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Sena v. Town of GreenfieldNew York Court of Appeals · 1998
58 more not listed; retrieve them via the Exa API.