Crapo v. City of Syracuse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 5th day of February, 1904, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 2d day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The City of Syracuse, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 5th day of February, 1904, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the 2d day of February, 1904, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced on the 9th day of September, 1901, to recover the damages sustained by the widow and next of kin of Henry Crapo, deceased, because of his death which occurred on the 22d…
1Opinion of the Court
McLennan, P. J.:
One of the many interesting questions presented by this appeal is, Must an action by an administrator against a “ city in this State having fifty thousand inhabitants or over,” to recover damages for the alleged negligent killing of his intestate, be commenced within one year, and a notice of intention to commence such action and of the time and place at which the injuries were received, be filed with the law officer of the city within six months after the death of the decedent, or is the time to be computed from the date of the issuing of letters of administration ?
Plaintiff’s…
2Cases cited10 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Quin v. . MooreNew York Court of Appeals · 1857
- Carden v. L. & N. R. R.Court of Appeals of Kentucky · 1897
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3Cited by4 opinions
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- American Insurance v. NaylorSupreme Court of Colorado · 1939
- Cartwright v. Atlas Chemical Industries, Inc.Court of Civil Appeals of Oklahoma · 1979
- Nelson v. Logan CityUtah Supreme Court · 1943