Forseyth v. City of Oswego
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Oswego, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Oswego on the 9th day of February, 1905, upon the verdict of a jury for $550, and also from an order entered in* said clerk’s office on the 10th day of February, 1905, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought to recover damages claimed to have been sustained by plaintiff through being thrown from a wagon while traveling, upon one of defendant’s streets upon the night of December 24, 1902. The alleged negligence of. the defendant consisted in allowing a large stone to remain in the street, which, by coming in contact with the wagon in which plaintiff was riding, caused his fall.
Various propositions as to the negligence of 'the defendant and .the . contributory negligence of -the plaintiff are argued upon this appeal, but inasmuch as we regard the notice- of claim…
2Cases cited3 opinions
- Masters v. City of TroyNew York Supreme Court · 1888
- Murphy v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 1901
- Rauber v. Village of WellsvilleAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by2 opinions
- White v. Mayor of NashvilleTennessee Supreme Court · 1915
- City of Nashville v. BlackTennessee Supreme Court · 1919