Elias v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Theresa Elias, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Monroe Trial Term.
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Motion by the plaintiff, Theresa Elias, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the Monroe Trial Term. The plaintiff was injured by falling on a defective sidewalk on Smith street in the city of Rochester, October 24, 1896. Section 218 of the city charter (Chap. 14, Laws of 1880, as amd. by Laws of 1890, chap. 561, § 27) provides: “ It shall in all cases be the duty of the owner of every lot or piece of land…
1Opinion of the Court
Spring, J.:
To the executive board of the city was commited the charge of the streets. Its duties were numerous and the details were necessarily intrusted to agents to carry out and to execute its orders. It did not in fact ordinarily receive complaints of defective streets. The practice appears to have been that these notices were given to *599clerks. The board was in session daily in a room provided for that purpose. Its meetings were to consider and perform the general duties devolving upon it. These meetings were not public. The board was not in session to enable citizens to run in before it…
2Cases cited2 opinions
- Sprague v. . City of RochesterNew York Court of Appeals · 1899
- McNally v. . City of CohoesNew York Court of Appeals · 1891
3Cited by3 opinions
- Gregorius v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1910
- Kowalski v. City of PoughkeepsieAppellate Division of the Supreme Court of the State of New York · 1959
- Calabrese v. City of AlbanyNew York Court of Appeals · 2024