The Mayor, C. of Albany v. . Cunliff
New York Court of Appeals
This was an action on the case brought in the supreme court by Cunliff against the Mayor, Aldermen and Commonalty of the city of Albany, tried at the Albany circuit in February, 1847. On the trial it was proved that in August 1840, the plaintiff was passing over the bridge leading across the basin from the foot of State-street, in the city of Albany, to the pier in the Hudson river, when the bridge fell and he was severely injured.
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This was an action on the case brought in the supreme court by Cunliff against the Mayor, Aldermen and Commonalty of the city of Albany, tried at the Albany circuit in February, 1847. On the trial it was proved that in August 1840, the plaintiff was passing over the bridge leading across the basin from the foot of State-street, in the city of Albany, to the pier in the Hudson river, when the bridge fell and he was severely injured. It was also proved that in 1837, the bridge in question was built by one Van Zandt, in pursuance of a contract with the corporation of that city and under the…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiff's declaration contains three counts. In the first, he in substance alleges that by a certain act of the legislature therein referred to, the defendants were authorized to take possession of the said bridge; that they did take possession of it; that it was then in good order so that it might be crossed and recrossed with safety; whereupon it became and was the duty of the defendants to construct the said bridge so that the same should be in no worse…
2Cited by42 opinions
- Savings Bank v. WardSupreme Court of the United States · 1880
- Devlin v. . SmithNew York Court of Appeals · 1882
- Augustine v. Town of BrantNew York Court of Appeals · 1928
- Cummins v. City of SeymourIndiana Supreme Court · 1881
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
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