Legal Opinion

Jones v. . City of Albany

New York Court of Appeals

Decided December 22, 1896PublishedCited by 31 opinions

Appeal from, a judgment of the General Term of the Supreme Court in the third judicial department, entered Hay 12, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit directing a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court below to decide that this action was prematurely brought.

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Appeal from, a judgment of the General Term of the Supreme Court in the third judicial department, entered Hay 12, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit directing a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion. It was error for the court below to decide that this action was prematurely brought. (L. 1883, ch. 298, § 45 ; L. 1886, ch. 572; L. 1892, ch. 182, § 164; Rider v. City of Mt. Vernon, 87 Hun, 27; L. 1872, ch. 127, § 10 ; L. 1890, ch. 561, § 18 ; L. 1888, ch. 449, §…

1Opinion of the Court

Andrews, Ch. J.

The action was commenced on the 18th day of March, 1890, to recover damages alleged to have been sustained by the plaintiff from an injury which happened on the 15th day of November, 1889, by reason of a defective sidewalk, which the defendant negligently permitted to be out of repair. The complaint was dismissed on the trial upon the sole ground that the action was prematurely brought, and the correctness of this ruling presents the only material question on this appeal. The plaintiff presented her claim to the common council on the 24th day of January, 1890, and it was…

2Cases cited2 opinions

  1. Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
  2. People v. . PalmerNew York Court of Appeals · 1888

3Cited by31 opinions

  1. Hechter v. New York Life InsuranceNew York Court of Appeals · 1978
  2. Matter of Sullivan Co., Inc.New York Court of Appeals · 1942
  3. Rosin v. Lidgerwood Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1903
  4. Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
  5. Nelson v. The Board of Higher EducationAppellate Division of the Supreme Court of the State of New York · 1941

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