Olmstead v. Town of Pound Ridge
New York Supreme Court
Appeal from circuit court, Westchester county. Action by Charles O. Olmstead against the town of Pound Ridge to recover damages for injuries to plaintiff’s horse, caused by defendant’s negligence in failing to keep a bridge in repair. Prom a judgment dismissing the complaint, plaintiff. appeals.
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Appeal from circuit court, Westchester county. Action by Charles O. Olmstead against the town of Pound Ridge to recover damages for injuries to plaintiff’s horse, caused by defendant’s negligence in failing to keep a bridge in repair. Prom a judgment dismissing the complaint, plaintiff. appeals. On the argument, plaintiff contended that the statute referred to in the opinion is in conflict with article 8, § 3, of the constitution of New York, which provides that all corporations shall have the right to sue, “and shall be subject to be sued, in fill courts, in like cases as natural persons,”…
1Opinion of the Court
[BARNARD, P. J.
The complaint is framed to recover damages for a neglect to keep a 'highway in the town of Pound Ridge in proper repair by the commissioners of highways of the town. The accident is alleged to have occurred by the neglect of the commissioners, and without any neglect upon plaintiff’s part, on the 25th of March, 1892. The complaint contains no averment that the claim was served upon the supervisor of the town within 6 months after the cause of action accrued, nor that 15 days had elapsed after the claim was so presented before the action was commenced, according to the…
2Cases cited3 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Morse v. . GooldNew York Court of Appeals · 1854
- In Matter of PalmerNew York Court of Appeals · 1869
3Cited by5 opinions
- Thrall v. Cuba VillageAppellate Division of the Supreme Court of the State of New York · 1903
- Dye v. Town of Cherry CreekNew York Supreme Court · 1914
- Lyons v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1906
- Rider v. City of Mt. VernonNew York Supreme Court · 1895
- Thrall v. Village of CubaAppellate Division of the Supreme Court of the State of New York · 1903