Learned v. Mayor of New York
New York Supreme Court
Action to recover damages for personal injuries received by falling on a sidewalk of the municipality, by reason of the negligence of the defendant. The complaint was dismissed for reasons which appear, below, -and the plaintiff moves on the minutes for a new trial.
1Opinion of the CourtMcAdam, J.
The complaint was dismissed at the close of the plaintiff’s case because she did not comply with chapter 572 of the Laws of 1886, in respect to the contents- of the notice required to be served as a condition precedent to the right to maintain an action against the municipality. The statute provides that “Ho action against the mayor, aldermen and commonalty of any city in this state having 50,000 inhabitants or over, for damages for personal injuries alleged to have been sustained.by reason of the negligence of such mayor, aldermen- and commonalty, or of any. department, board, officer, agent…
2Cases cited7 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- Meyer v. MayorNew York Court of Common Pleas · 1888
- Kirkland v. MossThe Superior Court of New York City · 1882
- Grogan v. City of WorcesterMassachusetts Supreme Judicial Court · 1885
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3Cited by4 opinions
- English v. City of Ft. WorthCourt of Appeals of Texas · 1912
- Trost v. City of CasseltonNorth Dakota Supreme Court · 1899
- Van Den Bergh v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1924
- Van Hovenburg v. City of New YorkNew York Supreme Court · 1913