Merz v. City of Brooklyn
New York City Court
Appeal from special term. , Action by Max Merz against the city of Brooklyn for injuries to the'person of plaintiff, alleged to have been caused by the defective and dangerous condition of a public street in that city. Defendant demurred to the complaint, and the demurrer was'sustained, and judgment for defendant rendered thereon. Brom the judgment, plaintiff appeals. Laws ÍT.
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Appeal from special term. , Action by Max Merz against the city of Brooklyn for injuries to the'person of plaintiff, alleged to have been caused by the defective and dangerous condition of a public street in that city. Defendant demurred to the complaint, and the demurrer was'sustained, and judgment for defendant rendered thereon. Brom the judgment, plaintiff appeals. Laws ÍT. Y. 1886, c. 572, provides that “no action against the mayor, aldermen, and commonalty of any city in this state having 50,000 inhabitants, or over, for damages for personal injuries alleged to have been sustained by…
1Opinion of the CourtClement, C. J.
It is claimed by the counsel for the appellant that chapter 572 of the Laws of 1886 does not apply to actions for personal injuries against the city of Brooklyn because such statute reads, “no action against the mayor, aldermen, and commonalty of any city in this state shall be maintained,” etc., and for the reason that the words “mayor, aldermen, and commonalty” do not appear in the corporate title of this city, which is simply “The City of Brooklyn.” The statute is carelessly drawn, and the point raised is not free from doubt, and should be determined by the court of appeals. We are…
2Cases cited5 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Babcock v. Mayor of New YorkNew York Supreme Court · 1890
- Dawson v. City of TroyNew York Supreme Court · 1888
- Harrigan v. . City of BrooklynNew York Court of Appeals · 1890
- Farley v. McConnellNew York Supreme Court · 1872
3Cited by5 opinions
- People v. McKaneNew York Supreme Court · 1894
- Squaw Island Freight & Terminal Co. v. City of BuffaloNew York Supreme Court · 1928
- Arthur v. Village of Glens FallsNew York Supreme Court · 1892
- Gmaehle v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1903
- Bauer v. City of BuffaloNew York Supreme Court · 1892