Legal Opinion

Williams v. Village of Port Chester

Appellate Division of the Supreme Court of the State of New York

Decided July 15, 1904PublishedCited by 6 opinions

Appeal, by the defendant, The Village of Port Chester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 10th day of January, 1903, upon the verdict of a jury for $1,000, and also from an order entered in said clerk’s office on the 7th day of February, 1903, denying the defendant’s motion -for a new trial made upon the minutes. .■

1Opinion of the Court

Woodward, J.;

The action was brought to recover damages for injuries sustained by the plaintiff in consequence of his falling upon an alleged defective sidewalk in the defendant village.

Section 16 of title 7 of the defendant’s charter (Laws of 1868, chap. 818, added by Laws of 1894, chap. 623) provides that no action for personal injuries shall be maintained against 'the village “ unless the claim or demand shall1 be presented in writing to the president or treasurer of said village- within thirty days after the time such injuries were received.”

The plaintiff was injured January 4, 1898, but…

2Cases cited33 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Yick Wo v. HopkinsSupreme Court of the United States · 1886
  3. Calder v. BullSupreme Court of the United States · 1798
  4. Munn v. IllinoisSupreme Court of the United States · 1877
  5. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897

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3Cited by6 opinions

  1. Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
  2. Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
  3. Terrell v. . WashingtonSupreme Court of North Carolina · 1912
  4. Mortgage Commission v. Great Neck Improvement Co.New York Supreme Court · 1937
  5. Herkey v. Agar Manufacturing Co.New York Supreme Court · 1915

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