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Tharrett v. County of St. Lawrence

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 1965
24 A.D.2d 700 (N.Y. App. Div. 1965)

Summary

In Tharrett v County of St. Lawrence (24 A.D.2d 700), the court held that the conceded fact that the road on which the accident occurred was a town road was insufficient to absolve the county of liability.

Summary of this case from Malcuria v. Town of Seneca

Opinion

July 22, 1965


MEMORANDUM BY THE COURT. Appeal from an order of the Supreme Court at Special Term, County of St. Lawrence, which granted the defendant County of St. Lawrence's motion for summary judgment dismissing plaintiff's complaint and amended complaint as to said county. On November 20, 1963, the plaintiff was injured when the car in which he was a passenger struck a utility pole along the westerly side of Willow Street Road in the Town of De Kalb, County of St. Lawrence. Concededly Willow Street Road is a town highway. The county's negligence as alleged by plaintiff consists of its omission to comply with the duties imposed upon it by sections 102 High. and 139 High. of the Highway Law after knowledge of the alleged defective condition. Upon the record before us, we cannot say, as a matter of law, that the county could not be liable. Judgment and order reversed, on the law, with $20 costs. Herlihy, J.P., Reynolds, Aulisi and Hamm, JJ., concur.


Summaries of

Tharrett v. County of St. Lawrence

Appellate Division of the Supreme Court of New York, Third Department
Jul 22, 1965
24 A.D.2d 700 (N.Y. App. Div. 1965)

In Tharrett v County of St. Lawrence (24 A.D.2d 700), the court held that the conceded fact that the road on which the accident occurred was a town road was insufficient to absolve the county of liability.

Summary of this case from Malcuria v. Town of Seneca
Case details for

Tharrett v. County of St. Lawrence

Case Details

Full title:CHARLES THARRETT, Appellant, v. COUNTY OF ST. LAWRENCE, Respondent

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Jul 22, 1965

Citations

24 A.D.2d 700 (N.Y. App. Div. 1965)

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