MacMullen v. City of Middletown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Middletown, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the .county of Orange on the 1st day of March, 1905, upon the decision of the court, rendered after a trial at the Orange Special Term, overruling a demurrer to the complaint on the ground that, the complaint does: not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Miller, J.:
We are required to determine the constitutionality of .section 30 of,the 'charter of the city of Middletown (Laws of 1902, chap. 572), which provides:.“ But no ’ such action shall be maintained for damages or injuries to the person sustained in consequence of the existence of snow or ice upon any sidewalk, crosswalk or street,, unless written notice thereof, relating to the particular place, was actually given to the common council and there.was a failure or neglect to cause such snow or ice to be removed or the place otherwise made reasonably safe within a reasonable time after…
2Cases cited26 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Angle v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of the United States · 1894
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3Cited by5 opinions
- In re the Probate of Last Will & Testament of HealyAppellate Division of the Supreme Court of the State of New York · 1938
- Fearon v. TreanorAppellate Division of the Supreme Court of the State of New York · 1936
- Herkey v. Agar Manufacturing Co.New York Supreme Court · 1915
- Hanfgarn v. MarkNew York Supreme Court · 1936
- MacMullen v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 1906