Hewett v. Town of Thurman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George H. Hewett, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Warren on the 11th day of August, 1898, upon the dismissal of the complaint by direction of the court after a trial at the Warren Trial Term.
1Opinion of the Court
Merwin, J.:
This action was brought to recover damages for personal injuries sustained by the plaintiff, as he claims, by reason of a defect in a *7highway of the defendant, existing because of the neglect of the commissioner of highways of the town. The case was brought to trial before the court and a jury, and at the close of the evidence the court granted the motion of the defendant for a nonsuit and to dismiss the complaint. The plaintiff excepted.
There is no certificate that the case contains all the evidence, but we must assume that the respondent has procured to be inserted in the case…
2Cases cited5 opinions
- Rosenstein v. . FoxNew York Court of Appeals · 1896
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
- Wood v. Town of GilboaNew York Supreme Court · 1894
- O'Dwyer v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1897
- Titus v. Town of New ScotlandAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Gibson v. Metropolitan Street Railway Co.New York Supreme Court · 1900