White v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter R. White, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 27tli day of January, 1897, upon the decision of the court rendered after a trial at the Hew York Special Term sustaining the defendant’s demurrer to the complaint.
1Opinion of the Court
Rumsey, J.:
According to the allegations of the complaint the injury was caused by the negligence of the defendant, and the result of that negligence was clearly a personal injury within subdivision 9 of section 3343 of the Code of Civil Procedure. The action is, therefore, brought to recover damages for personal injury sustained by reason of the negligence of the defendant and it is within chapter 572 of the Laws of 1886, which prescribes that no such action shall *442be maintained unless notice of an intention to commence such an action shall have been filed with the counsel to the corporation…
2Cases cited5 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Pack v. . the Mayor, C., of New YorkNew York Court of Appeals · 1853
- Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- Goldschmid v. The Mayor of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Mayor of New York v. BradyNew York Supreme Court · 1894
3Cited by4 opinions
- Cary v. Sparkman & McLean Co.Washington Supreme Court · 1911
- Krall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Gmaehle v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1903
- Munn v. City of HudsonAppellate Division of the Supreme Court of the State of New York · 1901