Cleveland v. Town of Lancaster

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: PER CURIAM.
• Citation: Cleveland v. Town of Lancaster, 264 N.Y. 568 (N.Y. 1934)
• Decision Date: 17 April 1934
• Parties: Cleveland v. Town of Lancaster

264 N.Y. 568

191 N.E. 568

Minnie F. CLEVELAND, as Administratrix of the Estate of C. Lewis Cleveland, Deceased, Appellant,

v.TOWN OF LANCASTER et al., Respondents, Impleaded with Another.

Court of Appeals of New York.

April 17, 1934.

Appeal, by permission, from judgments of the Appellate Division of the Supreme Court in the Fourth Judicial Department (239 App. Div. 263, 267 N. Y. S. 673), entered November 17, 1933, and December 7, 1933, respectively, unanimously affirming judgments in favor of the defendants town of Lancaster and town of Cheektowaga, entered upon a dismissal of the complaint by the court at a Trial Term, in an action to recover for the death of plaintiff's intestate alleged to have been occasioned through the failure of the defendant towns to keep a traffic light on the boundary line between them in proper repair and through the negligence of the defendant Hill in driving his car, in which intestate was a passenger, so as to collide with another, as the result of which the intestate received injuries causing his death. The trial judge held that the towns in erecting and maintaining the traffic light were exercising a governmental function.

James O. Moore, of Buffalo, for appellant.

Levant D. Lester, of Lancaster, for resp...