10 N.Y.S. 797 | N.Y. Sup. Ct. | 1890
While the plaintiff was riding on the top of a load of hay •along one of the public highways of the town of Wallkill he was struck in the face by the stub of an overhanging branch of a tree, and scraped off the .load, and precipitated to the ground, and severely injured. This action was brought against the town for recovery of the damages sustained by the plaintiff by reason of such injuries, and the basis of the action is the negligence of the highway commissioners in failing to maintain the road in question in a ■condition of safety for travelers. The cause was tried at the circuit, and the .plaintiff recovered a verdict of $6,000, and the defendant has appealed from the judgment, and also from the order denying the motion for a new trial on the minutes. Commissioners of highways are charged with the duty of active vigilance and watchfulness in ascertaining the condition of the highways, and they must exercise proper care in their maintenance in a reasonably safe condition for all ordinary travel. Such are the duties imposed upon those officers by the law, and when they are not discharged, and injury results to a traveler from a failure in their performance, without his fault, he