Wilson v. Town of Spafford
New York Supreme Court
Appeal from Onondaga county court. Action by Samuel Wilson against the town of Spafford for personal injuries resulting from an obstruction in the highway. There was a verdict for plaintiff for $646.69 damages and costs. From a judgment thereon, and from an ordbr denying defendant’s motion for a new trial on the judge’s minutes, as well as an order denying its motion for a new trial on the ground of newly-discovered evidence, defendant appeals.
1Opinion of the CourtMartin, J.
While the plaintiff was driving on one of the highways of the town against which this action was brought, his horse backed off a bank at the side, and the plaintiff was injured. This action was tried upon the theory that the horse became frightened at a row of stones that had been placed in the highway, which were negligently permitted to remain there by the commissioner of highways of the defendant after he had notice that they were there, and of their liability to occasion injury to travelers by frightening their horses. The plaintiff’s action was based on the negligence of the…
2Cases cited5 opinions
- Reeder v. . SayreNew York Court of Appeals · 1877
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Harris v. . TumbridgeNew York Court of Appeals · 1880
- Price v. . BrownNew York Court of Appeals · 1885
- Masters v. City of TroyNew York Supreme Court · 1888
3Cited by2 opinions
- Klatz v. Armor Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Galieta v. Young Men's Christian Ass'nAppellate Division of the Supreme Court of the State of New York · 1969