Whitmore v. Village of Tarrytown

New York Supreme Court

Whitmore v. Village of Tarrytown

16 N.Y.S. 740, 42 N.Y. St. Rep. 25, 62 Hun 619, 1891 N.Y. Misc. LEXIS 2217

DecidedDecember 14, 1891

StatusPublished

This text of 16 N.Y.S. 740 (Whitmore v. Village of Tarrytown) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitmore v. Village of Tarrytown, 16 N.Y.S. 740, 42 N.Y. St. Rep. 25, 62 Hun 619, 1891 N.Y. Misc. LEXIS 2217 (N.Y. Super. Ct. 1891).

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Opinion

Pratt, J.

The appellant urges that, as no resolution of the village board of trustees is shown directing the acts complained of, the village officers must be held to have acted in their individual capacity, and be liable as for an individual trespass, and that the village cannot be held liable. We find no authority that requires such strictness, and we are not able to sed that it is necessary for the protection of villages. In the case at bar the change in the road was made by the village road commissioner and the village teams and employes under his control. The acts were done in the most open manner, and continued through years. The knowledge of the trustees might well be presumed. The court at special term and the commissioner found as a fact that the village authorized the work, and the finding was clearly correct. The estimate of damage is extremely moderate, and the judgment should be affirmed, with costs.

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Pratt, J.

The appellant urges that, as no resolution of the village board of trustees is shown directing the acts complained of, the village officers must be held to have acted in their individual capacity, and be liable as for an individual trespass, and that the village cannot be held liable. We find no authority that requires such strictness, and we are not able to sed that it is necessary for the protection of villages. In the case at bar the change in the road was made by the village road commissioner and the village teams and employes under his control. The acts were done in the most open manner, and continued through years. The knowledge of the trustees might well be presumed. The court at special term and the commissioner found as a fact that the village authorized the work, and the finding was clearly correct. The estimate of damage is extremely moderate, and the judgment should be affirmed, with costs.

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Bluebook (online)

16 N.Y.S. 740, 42 N.Y. St. Rep. 25, 62 Hun 619, 1891 N.Y. Misc. LEXIS 2217, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitmore-v-village-of-tarrytown-nysupct-1891.