Farman v. Town of Ellington
New York Supreme Court
Appeal by tbe defendant from a judgment entered on tbe verdict of a jury at tbe Chautauqua Circuit, and from an order denying a motion for a new trial, made upon a case and exceptions. ■ Tbe action was brought to recover damages for personal injuries to tbe plaintiff, and for injury to bis horse and carriage, occasioned by tbe defective condition of a highway on which be was driving on tbe evening of September 5, 1885. It was what is commonly known as a dug-way road, and a…
Read the full summary
Appeal by tbe defendant from a judgment entered on tbe verdict of a jury at tbe Chautauqua Circuit, and from an order denying a motion for a new trial, made upon a case and exceptions. ■ Tbe action was brought to recover damages for personal injuries to tbe plaintiff, and for injury to bis horse and carriage, occasioned by tbe defective condition of a highway on which be was driving on tbe evening of September 5, 1885. It was what is commonly known as a dug-way road, and a portion of its supporting bank bad been washed out by tbe action of tbe water of a creek at tbe foot of a bill, causing…
1Opinion of the Court
Bradley, J.:
At tbe commencement of tbe trial tbe sufficiency of the allegations of tbe complaint to constitute a cause of action was challenged by tbe defendant’s counsel,, and bis exception to tbe denial of tbe *43motion to dismiss the complainf, it is here insisted, was well taken. So far as it alleges negligence of the town and its agents and assistants, it fails to allege any cause of action, because no duty rests upon the town to maintain the highway within its limits. The statute which creates liability of towns for injuries resulting from defective highways confer»! upon them no power or…
2Cases cited7 opinions
- Hover v. BarkhoofCommission of Appeals · 1870
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
- Olmsted v. . DennisNew York Court of Appeals · 1879
- M'Neven v. LivingstonCourt for the Trial of Impeachments and Correction of Errors · 1819
- Day v. . DayNew York Court of Appeals · 1883
2 more not listed; retrieve them via the Exa API.