MacMullen v. . City of Middletown
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 22, 1906, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The nature of the action, the facts, so far as material, and the questions certified aré stated in the opinion.
1Opinion of the CourtGray, J.
The plaintiff, a resident of the city of Middle-town, in this state, sustained personal injuries from a fall upon a sidewalk of the city, at a point where snow and ice had accumulated. He, thereafter, commenced this action to recover damages against the city. He alleges, in his complaint, that the defendant had neglected to remove the snow and ice from the sidewalk, though it had knowledge, oi notice, of its dangerous condition for some time prior to the accident. The defendant demurred to the complaint, upon the ground that it did not state facts sufficient to constitute a cause of action.…
2Cases cited8 opinions
- Meriwether v. GarrettSupreme Court of the United States · 1880
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
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3Cited by91 opinions
- Amabile v. City of BuffaloNew York Court of Appeals · 1999
- Neuenschwander v. Washington Suburban Sanitary CommissionCourt of Appeals of Maryland · 1946
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Highwoods Properties, Inc. v. City of MemphisTennessee Supreme Court · 2009
86 more not listed; retrieve them via the Exa API.