Cain v. . the City of Syracuse
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court,in the fourth judicial department, entered upon an order made January 25, 1883, which affirmed a judgment in favor of defendant, entered upon an order directing a dismissal of the complaint on trial.
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Appeal from judgment of the General Term of the Supreme Court,in the fourth judicial department, entered upon an order made January 25, 1883, which affirmed a judgment in favor of defendant, entered upon an order directing a dismissal of the complaint on trial. (Reported below, 29 Hun, 105.) This action was brought by plaintiff, as administrator of the estate of Patrick Cain, to recover damages for the death of said intestate, which was alleged to have been caused by defendant’s negligence. In January, 1882, a building situate on Genesee street, in the city of Syracuse, was destroyed by fire…
1Opinion of the CourtFinch, J.
We may admit, without criticism or limitation, most of the appellant’s propositions, reserving comment upon them, if need be, for some other occasion, since we shall thus approach more promptly what seems to be the determining question on this appeal. That municipal corporations, accepting chartered powers from the State, and so by their own consent assuming duties not previously imposed, become liable in consideration of the grant for the due exercise of the powers and the proper performance of the duties thus conferred and imposed (Conrad v. Village of Ithaca, 16 N. Y. 161; McCarthy v. City…
2Cases cited9 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- People Ex Rel. Otsego County Bank v. Board of Supervisors of Otsego CountyNew York Court of Appeals · 1873
- Jones v. City of New HavenSupreme Court of Connecticut · 1867
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3Cited by24 opinions
- Runkel v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1953
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.New York Court of Appeals · 1927
- Whittaker v. Village of FranklinvilleNew York Court of Appeals · 1934
- Morse v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1902
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