Borst v. Town of Sharon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eva Borst, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schoharie on the 18th day of February, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Schoharie Trial Term.
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Appeal by the plaintiff, Eva Borst, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schoharie on the 18th day of February, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Schoharie Trial Term. This action was brought to recover damages for personal injuries resulting to the plaintiff, who, while riding over a bridge upon a highway in the defendant town, was thrown out of her wagon by-reason of the collapse of the bridge.
1Opinion of the Court
Herrick, J.:
After providing that a town shall be liable for damages sustained through any defect in its highways caused by the negligence of commissioners of highways, the statute proceeds : “No action shall be maintained against any town to recover such damages, unless a verified statement of the cause of action shall have been presented to the supervisor of the town within six months after the cause of action accrued. And no such action shall be commenced until fifteen days after the service of such statement.”, (Laws of 1890, chap. 568, § 16.)
The filing of statements of the kind in…
2Cases cited2 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
3Cited by15 opinions
- Caron v. Grays Harbor CountyWashington Supreme Court · 1943
- Cole v. City of SeattleWashington Supreme Court · 1911
- Blair v. City of Fort WayneIndiana Court of Appeals · 1912
- Cotriss v. Village of MedinaAppellate Division of the Supreme Court of the State of New York · 1910
- Merwin v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1916
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