Cox v. President of the Westchester Turnpike Road
New York Supreme Court
THIS action was brought against the defendants, for negligently leaving their turnpike road out of repair, in consequence of which a valuable horse of the plaintiff had his leg broken, and was rendered comparatively valueless. The action was tried .before a justice of the peace of the town of Mamaroneck, and a jury. A verdict of §100 for the plaintiff was rendered, and judgment thereupon entered up.
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THIS action was brought against the defendants, for negligently leaving their turnpike road out of repair, in consequence of which a valuable horse of the plaintiff had his leg broken, and was rendered comparatively valueless. The action was tried .before a justice of the peace of the town of Mamaroneck, and a jury. A verdict of §100 for the plaintiff was rendered, and judgment thereupon entered up. From this judgment, an appeal was taken by the'defendant to the county court, by which court the judgment was reversed upon the sole ground, *“ That the plaintiff was not in the exercise of…
1Opinion of the Court
By the Court,
Brown, J.
The jury in this case found that the horse of the plaintiff was lamed and seriously injured by the careless and negligent omission of the defendant to keep its road in sufficient repair, and they assessed his damages at $100. The defendant is a corporation created by an act of the legislature, of the 7th of April, 1800, with a franchise for the construction and maintenance of a turnpike road from East Chester to Byram, and to take tolls thereon. The duty and obligation imposed upon the corporation by the act is “ to have their said road four rods wide, and twenty-four…
2Cases cited1 opinion
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
3Cited by2 opinions
- Kennon v. GilmerMontana Supreme Court · 1882
- Ring v. City of CohoesNew York Supreme Court · 1878