Vandewater v. Town of Wappinger
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Dutchess county. Action by Frances M. Vandewater against the town of Wappinger. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtWoodward, J.
The plaintiff brought this action to recover damages sustained by her in the injury of a certain traction engine by falling through a bridge which it is conceded it was the duty of the defendant to keep in a reasonably safe condition. In her complaint she alleges all of the facts necessary to constitute a cause of action based upon the negligence of the defendant, and without contributory negligence on the part of the plaintiff or her representatives. The evidence is sufficient to warrant the verdict of the jury. The defendant, in addition to the usual denials, set up the affirmative defense…
2Cases cited7 opinions
- Furst v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
- Bush v. . D., L. W.R.R. Co.New York Court of Appeals · 1901
- Whitaker v. . Eighth Avenue R.R. Co.New York Court of Appeals · 1873
- Heib v. Town of Big FlatsAppellate Division of the Supreme Court of the State of New York · 1901
- McMahon v. Town of SalemAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by1 opinion
- Rossberg v. Montgomery Ward & Co.Montana Supreme Court · 1940