City of Rochester v. . Campbell
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1890, which reversed a judgment in favor of defendant entered upon an order sustaining a demurrer to the complaint herein. The nature of the action and the averments of the complaint, so far as material, are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of January, 1890, which reversed a judgment in favor of defendant entered upon an order sustaining a demurrer to the complaint herein. The nature of the action and the averments of the complaint, so far as material, are stated in the opinion. There being no allegations of negligence contained in the complaint, the action cannot be maintained. The only ground of liability alleged is failure on the part of defendants’ testator to perform a duty imposed…
1Opinion of the Court
Ruger, Ch. J.
The questions involved in this appeal are raised by a demurrer to the complaint, alleging that it does not contain facts sufficient to constitute a cause of action.
The action, as stated in the complaint, is based upon a liability alleged to have been incurred by the defendants’ testator under a clause in the charter of the city of Rochester, which provides that “ It shall in all cases be the duty of the owner of every lot or piece of land in said city to keep the sidewalks adjoining his lot or piece of land in good repair, and also to remove and clear away all snow and ice or…
2Cases cited20 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Willy v. . MulledyNew York Court of Appeals · 1879
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Taylor v. Lake Shore & Michigan Southern RailroadMichigan Supreme Court · 1881
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3Cited by194 opinions
- Hausser v. GiuntaNew York Court of Appeals · 1996
- Steitz v. City of BeaconNew York Court of Appeals · 1945
- Losito v. Kruse, Jr.Ohio Supreme Court · 1940
- Roark v. HuntingNew York Court of Appeals · 1969
- Willoughby v. City of New HavenSupreme Court of Connecticut · 1937
189 more not listed; retrieve them via the Exa API.