Reports of Cases Heard And Determined in the Appellate Division ..., volume 20

Cover Reports of Cases Heard And Determined in the Appellate Division ..., volume 20
Reports of Cases Heard And Determined in the Appellate Division ..., volume 20
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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The street, as it crossed the bridge, consisted of several foot and driveways ; and, at the time of the accident, the central and next easterly passages were torn up in the manner described.
The bridge was in this condition on the night or early morning of the date aforesaid, when the plaintiff and others, being on their way to a tire, in answer to a call, and riding in a hose cart southerly on Main street, collided with this obstructing pile of planks, whereby the plaintiff was thrown violentl
...y out ^nd injured. Prior to the performance of any work upon the bridge, the defendant applied for and procured a permit from the Superintendent of Public Works, consenting to the reconstruction and strengthening of the bridge.
The permit was granted upon the condition that the company " shall be held liable for, and shall pay, the damages that may occur or arise, either to the State or to individtLols, in consequence of the reconstruction and strengthening of said canal bridge ; " and that an acceptance of the permit by the company '' shall be deemed a covenant for the faithful performance of all the conditions and requirements herein contained." It was also provided that all work should be under the supervision of the superintendent or an inspec- tor to be appointed by him, upon plans and specifications approved, and the salary of the inspector to be paid by the company It is provided that no bridge shall be constructed across any canal without first obtaining, for the model and location thereof, the con- sent in writing of the Superintendent of Public Works.


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