Landau v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of May, 1903, upon the verdict of a jury for $1,612.26, and also from an order entered in said clerk’s office on the 9th day of June, 1903, denying the' defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of May, 1903, upon the verdict of a jury for $1,612.26, and also from an order entered in said clerk’s office on the 9th day of June, 1903, denying the' defendant’s motion for a new trial made upon the minutes. This is a statutory action to recover for the death of George Landau alleged to have been caused by the negligence of the defendant. On the evening of November 4, 1902, which was election day, the…
1Opinion of the Court
Laughlin, J.:
We are of opinion that the city is not liable for this unfortunate accident. If it had- happened before the municipal legislative body had enacted any Ordinance prohibiting the discharge of fireworks, even though authority to enact such ordinances had been granted by the Legislature, or through its failure to enforce them if enacted, it is clear that there would be no liability. The rule is well settled that a municipality is not liable for its failure to enact or enforce ordinances. (Leonard v. City of Hornellsville, 41 App. Div. 106 ; Griffin v. Mayor, 9 N. Y. 456 ; Lorillard…
2Cases cited9 opinions
- Speir v. . City of BrooklynNew York Court of Appeals · 1893
- Hill v. . Board of Aldermen of CharlotteSupreme Court of North Carolina · 1875
- Lincoln v. City of BostonMassachusetts Supreme Judicial Court · 1889
- Griffin v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1854
- Kelley v. City of MilwaukeeWisconsin Supreme Court · 1864
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3Cited by3 opinions
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Landau v. . City of New YorkNew York Court of Appeals · 1904
- Klepper v. Seymour House Corp. of Ogdensburg, Inc.Appellate Division of the Supreme Court of the State of New York · 1925