Murphy v. . Village of Fort Edward
New York Court of Appeals
Appeal from a judgment entered December 3, 1913, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of the court át a Trial Term setting aside a verdiet in favor of plaintiff and directing a dismissal of the complaint and reinstated said verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered December 3, 1913, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed an order of the court át a Trial Term setting aside a verdiet in favor of plaintiff and directing a dismissal of the complaint and reinstated said verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The failure to file a written verified statement of the nature of the plaintiff’s claim and of the time and place at which the injury is alleged to have been received within sixty days after the…
1Opinion of the CourtCollin, J.
The action is for negligence. The infant plaintiff was, when injured on September 28, 1910, five years old. The question presented arises from a failure of the plaintiff to comply with section 341 of the General Village Law (Laws of 1909, chap. 64; Cons. Laws, ch. 64). The language of the section is:
“No action shall be maintained against the village for damages for a personal injury or an injury to property alleged to have been sustained by reason of the negligence of the village or of any officer, agent or employee thereof, unless the same shall be commenced within one year after the cause…
2Cases cited13 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
- Walden v. . City of JamestownNew York Court of Appeals · 1904
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3Cited by92 opinions
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- Turner v. StaggsNevada Supreme Court · 1973
- McDonald v. City of Spring ValleyIllinois Supreme Court · 1918
- O'NEIL v. City of ParkersburgWest Virginia Supreme Court · 1977
- Thomann v. City of RochesterNew York Court of Appeals · 1931
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