Legal Opinion

McNally v. . City of Cohoes

New York Court of Appeals

Decided June 9, 1891PublishedCited by 23 opinions

Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 6, 1889, which affirmed a judgment in favor of defendant entered upon an order granting a motion for a nonsuit. The nature of the action and the facts, so far as material, are stated in the opinion

1Opinion of the CourtHaight, J.

This action was brought to recover for personal injuries sustained by the plaintiff in falling upon a sidewalk, in the city of Cohoes, on the 7tli day of February, 1885.

The statute provides that “ the city of Cohoes shall not be liable for any damage or injury sustained by any person in consequence of any street, highway, bridge, culvert, sidewalk or crosswalk in said city being out of repair, unsafe, dangerous or obstructed by snow, ice or otherwise, or in any way or manner unless actual notice of the defective, unsafe, dangerous or obstructed condition of said street, highway, bridge,…

2Cases cited2 opinions

  1. Taylor v. . City of YonkersNew York Court of Appeals · 1887
  2. Harrington v. . City of BuffaloNew York Court of Appeals · 1890

3Cited by23 opinions

  1. MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
  2. Schigley v. City of WasecaSupreme Court of Minnesota · 1908
  3. Sprague v. . City of RochesterNew York Court of Appeals · 1899
  4. Vonkey v. City of St. LouisSupreme Court of Missouri · 1909
  5. Smith v. City of RochesterNew York Supreme Court · 1894

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