Hyde v. Rensselaer County

Citation434 N.Y.S.2d 984,51 N.Y.2d 927,415 N.E.2d 972
Parties, 415 N.E.2d 972 Burlton T. HYDE, by Helen M. Hyde, His Parent and Natural Guardian et al., Respondents, v. COUNTY OF RENSSELAER, Appellant, and Niagara Mohawk Power Corp., Respondent et al., Defendant.
Decision Date13 November 1980
CourtNew York Court of Appeals
OPINION OF THE COURT MEMORANDUM.

The order of the Appellate Division, 73 A.D.2d 1021, 424 N.Y.S.2d 755, should be affirmed, with costs.

Plaintiff, who was seriously injured in an automobile accident, alleges, among other things, that the cause of his injuries was the negligence of the county in that it allowed rotten delineator posts to become covered with foliage and hidden from view along the highway. There was testimony from which a jury could conclude that the delineator posts served no useful purpose but instead constituted a hazard to passing motorists. In fact, various occupants of the automobile testified that as it left the roadway, it became entangled in the posts and connecting fence, which caused the car to be propelled down the embankment.

On this appeal, the defendant County of Rensselaer argues that the trial court erred in allowing proof that a prior accident had occurred at the same place as this accident, without requiring a showing that the relevant conditions of the two accidents were the same. Further, defendant argues that the trial court erred in dismissing as a matter of law all claims against Niagara Mohawk.

It is well settled that proof of a prior accident, whether offered as proof of the existence of a dangerous condition or as proof of notice thereof, is admissible only upon a showing that the relevant conditions of the subject accident and the previous one were substantially the same. However, testimony was permitted during the trial over defendant's objection, from a New York State trooper that he had been present at the scene of another accident at the same location in 1973, at which time he observed its physical condition. The trial court concluded that this evidence was admissible to show the condition of the road shoulder and delineator posts on the issue of constructive notice. To the extent that the defendant believed the testimony impermissibly introduced details of the prior accident, its obligation was to request...

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16 books & journal articles
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    ...§ 18:60 Hutchinson v. Crown Equipment Corp., 48 A.D.3d 421, 852 N.Y.S.2d 187 (2d Dept. 2008), § 16:60 Hyde v. County of Rensselaer, 51 N.Y.2d 927, 434 N.Y.S.2d 984 (1980), §§ 1:380, 4:20, 4:40 Hyde v Transcontinent Record Sales, Inc., 111 A.D.3d 1339, 974 N.Y.S.2d 727 (4th Dept. 2013), §5:1......
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    ...in the case occurred. Sawyer v. Dreis & Krump Manufacturing. Co ., 67 N.Y.2d 328, 502 N.Y.S.2d 696 (1986); Hyde v. County of Rensselaer, 51 N.Y.2d 927, 434 N.Y.S.2d 984 (1980) (a limiting instruction is appropriate where relevance is at issue); see PJI 1:65 (limiting instruction regarding e......
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    ...of the trial court. Price v. New York City Housing Authority , 92 N.Y.2d 553, 684 N.Y.S2d 143 (1998); Hyde v. County of Rensselaer , 51 N.Y.2d 927, 434 N.Y.S.2d 984 (1980); Rhoades v. Niagara Mohawk Power Corp ., 202 A.D.2d 762, 608 N.Y.S.2d 733 (3d Dept. 1994). he trial court may exclude t......
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    ...of the trial court. Price v. New York City Housing Authority , 92 N.Y.2d 553, 684 N.Y.S2d 143 (1998); Hyde v. County of Rensselaer , 51 N.Y.2d 927, 434 N.Y.S.2d 984 (1980); Rhoades v. Niagara Mohawk Power Corp ., 202 A.D.2d 762, 608 N.Y.S.2d 733 (3d Dept. 1994). he trial court may exclude t......
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