Legal Opinion

Cavan v. City of Brooklyn

New York City Court

Decided June 23, 1889PublishedCited by 2 opinions

Appeal from special term. Action by Thomas J. Cavan against the city of Brooklyn. A demurrer to the complaint was overruled, and defendant appeals.

1Opinion of the CourtVan Wyok, J.

This is an action to recover damages for injuries alleged to have been done to plaintiff’s horse and. wagon through the negligence of defendant. Does the following act (Laws 1886, c. 563) apply to this action? “Section 1. No action * * * shall be prosecuted or maintained against the city of Brooklyn, unless it shall appear by, and as an allegation in, the complaint * * * that at least 30 days have elapsed since the claim or claims upon which said action * * * is founded were presented in detail •and duly verified * * * to the comptroller of said city for adjustment, and that he has neglected…

2Cases cited12 opinions

  1. Smith v. . the PeopleNew York Court of Appeals · 1872
  2. Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
  3. Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
  4. Duryea v. . MayorNew York Court of Appeals · 1875
  5. Kelley v. City of MadisonWisconsin Supreme Court · 1878

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3Cited by2 opinions

  1. Pulitzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
  2. Squaw Island Freight & Terminal Co. v. City of BuffaloNew York Supreme Court · 1928

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