Legal Opinion

Albrecht v. Queens County

New York Supreme Court

Decided February 11, 1895PublishedCited by 14 opinions

Appeal from special term, Kings county. Action by William Albrecht against the county of Queens and others for personal injuries. From a judgment entered on an order sustaining a demurrer to the complaint interposed by defendant Queens county, plaintiff appeals.

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Appeal from special term, Kings county. Action by William Albrecht against the county of Queens and others for personal injuries. From a judgment entered on an order sustaining a demurrer to the complaint interposed by defendant Queens county, plaintiff appeals. The opinion of Mr. Justice BARTLETT on sustaining the demurrer is as follows: The only question argued upon the demurrer is whether a county, whose board of supervisors is charged by law with the duty of providing for the care, maintenance, and repair of a bridge, is liable for negligence in allowing the bridge to become out of…

1Opinion of the CourtCullen, J.

This is an appeal from an order sustaining a demurrer to the plaintiff’s complaint. The action is to recover for personal injuries sustained by the plaintiff in the falling of a bridge across Newtown creek, between the counties of Queens and Kings. The complaint alleged that it was the duty of the boards of supervisors of the two counties to maintain the bridge, and that the injury happened from the negligence of such boards in failing to maintain the bridge reasonably safe and secure for public travel. The question presented is whether the county is liable for the negligence of the board of…

2Cases cited7 opinions

  1. Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
  2. Osterhoudt v. . RigneyNew York Court of Appeals · 1885
  3. Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
  4. People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
  5. Lane v. . Town of HancockNew York Court of Appeals · 1894

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Board of Commissioners v. AllmanIndiana Supreme Court · 1895
  2. Kennedy v. County of QueensAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. Goodwin v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
  4. Lattin v. Town of Oyster BayNew York Supreme Court · 1901
  5. People ex rel. Martin, Bing & Co. v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1901

9 more not listed; retrieve them via the Exa API.

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