Clark v. Town of Copake
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Flossie Clark, from a judgment of the Supreme Court in favor of the defendant, entered in the .office of the clerk, of the county of Columbia on the 13th day of May, 1910, upon the dismissal of the complaint by direction of- the court at the close of plaintiff’s case at the Columbia Trial Term.
1Opinion of the Court
Smith, P. J.:
The action is for injuries caused by the negligence of the highway commissioner of the defendant town, by reason of which the plaintiff was thrown from a wagon and injured. Botice of the injury was duly served within six months after the cause of action accrued, which notice has been held insufficient by the learned trial judge. The notice reads as follows:
“ Copake Iron Works, N. Y., Dec. 23, 1908.
“ To Fred Holsapple ,Supervisor of the Town of Copake, Columbia County, N. Y.:
“ Please Take Notice, that while I, Flossie Clark, was lawfully driving upon the public highway leading…
2Cases cited2 opinions
- Bertolami v. United Enginering & Contracting Co.New York Court of Appeals · 1910
- Quinn v. Town of SemproniusAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- v. Town of EllenburghAppellate Division of the Supreme Court of the State of New York · 1916