Walker v. . Town of Pittsfield

New York Court of Appeals

Walker v. . Town of Pittsfield

91 N.E. 589, 198 N.Y. 559, 1910 N.Y. LEXIS 914

CourtNew York Court of Appeals

DecidedApril 5, 1910

StatusPublished

Cited by5 cases

This text of 91 N.E. 589 (Walker v. . Town of Pittsfield) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walker v. . Town of Pittsfield, 91 N.E. 589, 198 N.Y. 559, 1910 N.Y. LEXIS 914 (N.Y. 1910).

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Opinion

Per Curiam.

The judgment should be affirmed, with costs. There was evidence with respect to the condition of this highway for several months prior to the accident, from which the jurors might find neglect on the part of the commissioner of highways in failing to keep the sluiceway at this point in good order and that such neglect caused a more serious defect in the highway in the winter following, than would have occurred otherwise. If the defect complained of could be attributable, solely, to those conditions which usually supervene in the winter season, as the result of atmospheric changes *560 and of the effect of travel upon accumulations of snow and ice, we should be disinclined to hold that the commissioner of highways was chargeable with culpable neglect.

Cullen, Ch. J., Gray, Edward T. Bartlett, IIaight, Werner and Hiscock, JJ., concur; Yann, J., not voting.

Judgment affirmed.

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Per Curiam.

The judgment should be affirmed, with costs. There was evidence with respect to the condition of this highway for several months prior to the accident, from which the jurors might find neglect on the part of the commissioner of highways in failing to keep the sluiceway at this point in good order and that such neglect caused a more serious defect in the highway in the winter following, than would have occurred otherwise. If the defect complained of could be attributable, solely, to those conditions which usually supervene in the winter season, as the result of atmospheric changes *560 and of the effect of travel upon accumulations of snow and ice, we should be disinclined to hold that the commissioner of highways was chargeable with culpable neglect.

Cullen, Ch. J., Gray, Edward T. Bartlett, IIaight, Werner and Hiscock, JJ., concur; Yann, J., not voting.

Judgment affirmed.

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Bluebook (online)

91 N.E. 589, 198 N.Y. 559, 1910 N.Y. LEXIS 914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-town-of-pittsfield-ny-1910.

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