Kinnie v. Town of Morristown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Town of Morristown, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 16th day of October, 1917, upon the verdict of a jury for $3,625, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
John M. Kellogg, P. J.:
It is not at all clear that the town superintendent of highways was guilty of negligence with reference to the highway in question. The liability of the town can only arise from his negligence. The accident happened on August 16, 1915.
The highway was an ordinary country road. At the point in question a ledge of rocks ran across it near the brow of the hill, which made it necessary to fill in below from the foot of the hill up to it, so that it would make a convenient passage. This work was done over forty years ago, and apparently in a very permanent and satisfactory…
2Cited by17 opinions
- Smith v. BranscomeCourt of Appeals of Maryland · 1968
- French v. TebbenIdaho Supreme Court · 1933
- Burnell v. La FountainAppellate Division of the Supreme Court of the State of New York · 1958
- McGrath v. NugentNebraska Supreme Court · 1937
- Sparks v. Chitwood Motor CompanySupreme Court of Arkansas · 1936
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