Barr v. Village of Bainbridge
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Chenango county. Action by Betsey Barr against the village of Bainbridge for personal injuries caused by her horse taking fright at a pile of rubbish lying in a street in the village. At the trial her complaint was dismissed, with costs, and judgment entered thereon, and plaintiff appeals.
1Opinion of the CourtParker, P. J.
Evidently the question whether the pile of rubbish of which the plaintiff complains was of a character calculated to frighten horses, and whether it had remained there so long a time that the village authorities should have taken notice of its existence, were' questions of fact for the jury; and it was error to withdraw those questions from the jury, provided such pile was in such a locality that the village authorities.had control over it, and were responsible for its continued existence. The crossroad upon which the plaintiff was traveling when the horse became frightened was not a public…
2Cases cited3 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Polhemus v. Fitchburg RailroadNew York Court of Appeals · 1890
- Lewis v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
3Cited by2 opinions
- City of Huntington v. LuschIndiana Court of Appeals · 1904
- Dennis v. Village of Elmira HeightsAppellate Division of the Supreme Court of the State of New York · 1901