Vinson v. Sewer, Water & Street Commission
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, The Sewer, Water and Street Commission of Saratoga Springs, M". Y., from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 17th day of March, 1913, sustaining plaintiff’s demurrer to one of the special defenses set up in the answer.
1Opinion of the Court
Woodward, J.:
The complaint sets forth the facts necessary to the statement of a cause of action for damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendant in digging a trench in one of the streets of the village of Saratoga Springs and leaving it unguarded, so that the plaintiff fell into the same, sustaining more or less serious injuries. The complaint alleged that a written verified statement of the nature of the claim and the time and place at which the injuries were received before the commencement of the. action was duly…
2Cases cited3 opinions
- Lyon v. Manhattan Railway Co.New York Court of Appeals · 1894
- Scott v. Village of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1909
- Goldman v. KennedyNew York Supreme Court · 1888
3Cited by1 opinion
- Haner v. Village of OwegoNew York Supreme Court · 1914