Bennett v. . Whitney
New York Court of Appeals
Appeal from judgment of General Term of the Supreme Court, in the third judicial department, entered upon an order made September 24, 1880, which affirmed a judgment in favor of plaintiff against defendant Whitney, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of General Term of the Supreme Court, in the third judicial department, entered upon an order made September 24, 1880, which affirmed a judgment in favor of plaintiff against defendant Whitney, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. This action should be construed as against the defendants officially, and the motion for a nonsuit should have been granted. (Chap. 291, Laws of 1867, tit. 4, §§ 1, 4; tit. 14, §§ 5, 6; Cordier v. Thompson, 7 N. Y. Weekly Dig.…
1Opinion of the CourtFinch, J.
The principal dispute in this case respects the true nature and legal effect of the cause of action pleaded. The complaint is for negligence in leaving unguarded and unlighted an opening temporarily made in a city street. The defendants named are the mayor, the members of the common council, and the street commissioner of Binghamton, who are sued by their individual names, with the title of their respective offices added. The word “ as ” does not precede their official desig nations. The complaint alleges that the defendant, the mayor, and the defendants who constituted the common council,…
2Cases cited4 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Hover v. BarkhoofCommission of Appeals · 1870
- Beers v. . ShannonNew York Court of Appeals · 1878
- Salisbury v. . HoweNew York Court of Appeals · 1881
3Cited by23 opinions
- Noonan v. City of PortlandOregon Supreme Court · 1938
- Mattson v. AstoriaOregon Supreme Court · 1901
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Batdorff v. Oregon CityOregon Supreme Court · 1909
- Tholkes v. DecockSupreme Court of Minnesota · 1914
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