Wallace v. Town of New Albion
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Town of New Albion, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Cattaraugus on the 31st day of August, 1904, upon the verdict of a jury for $5,000, and also from an order entered in said clerk’s office on the 18th day of May, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Stover, J.:
The action is one for negligence in failing to keep a bridge, including its approaches, in proper repair.
The plaintiff lived on a farm, and on the afternoon of the day of the accident drove to a neighboring village, and on her "return crossed a bridge in the town of New Albion spanning what is known as Mud creek. The bridge is near a small village and is an iron structure eighteen feet long, sixteen feet wide, and erected sixteen feet above the water. The bridge is upon a grade.
At the time of the accident the plaintiff was driving, and had her boy and a neighbor’s girl in the…
2Cited by1 opinion
- Wallace v. Town of New AlbionAppellate Division of the Supreme Court of the State of New York · 1907