Winter v. City of Niagara Falls
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert J. Winter, from a judgment of the Supreme Court in favor of the defendant, entered- in the office of the clerk of the county of Niagara on the 11th day of October, 1906, upon the decision of the court, rendered after a trial at the Erie -Special Term, sustaining the defendant’s demurrer to the complaint.
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Appeal by the plaintiff, Albert J. Winter, from a judgment of the Supreme Court in favor of the defendant, entered- in the office of the clerk of the county of Niagara on the 11th day of October, 1906, upon the decision of the court, rendered after a trial at the Erie -Special Term, sustaining the defendant’s demurrer to the complaint. The complaint alleges that on the 13th day of Flay, 1901, the plaintiff was -driving a -horse attached to a delivery wagon along Flichigan avenue in the city of Niagara Falls. A steain roller, which had been, standing-in the street and which was'controlled and…
1Opinion of the Court
Spring, J.:
The defendant is a municipal corporation, and section 53 of its charter (Laws of 1892, chap. 143, as amd. by Laws of 1897, chap. 739) in operation at the time the plaintiff was injured, provided that any claim “ for damages founded upon alleged negligence of the city shall be' presented to the common council in writing within thirty days after the occurrence causing such damages;” and the contents of the notice are enumerated in the section. It also enacts that the omission to present a claim in compliance with the statute “ shall be a bar to an action against the city.” Further,…
2Cases cited9 opinions
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- Conolly v. . HyamsNew York Court of Appeals · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Locklin v. FisherAppellate Division of the Supreme Court of the State of New York · 1942
- McNamara v. CohenNew York Supreme Court · 1944
- Young v. Board of Education of Union Free School District Eight, New York County Courts1948
- Louden v. StateNew York Court of Claims · 1943
- Watts v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
2 more not listed; retrieve them via the Exa API.