Dickinson v. . the Mayor, Etc., of City of N.Y.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the November term, 1882, which affirmed a judgment entered upon an order sustaining a demurrer to a count of the defendant’s answer.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made at the November term, 1882, which affirmed a judgment entered upon an order sustaining a demurrer to a count of the defendant’s answer. (Reported below, 28 Hun, 254.) The complaint in this action among other things alleged that the Eighth avenue, in the city of New York, is a public thoroughfare, and that it was and is the duty of the defendant to keep and maintain the streets and avenues of said city, including the said Eighth avenue, in good order and repair, and not…
1Opinion of the CourtMiller, J.
The complaint in this action alleges, mong other things, that the defendant improperly, carelessly, negligently and unlawfully suffered ice or snow to be and remain upon the crosswalk on the east side of Eighth avenue at the intersection of Eighteenth street in the city of Hew York, and that, by reason thereof, plaintiff sustained injuries for which she seeks to recover damages in this action. The appellant’s counsel claims that the limitation within which the action must be brought is six years for the reason that the continuance of a defect in the public street is a nuisance which it is the…
2Cases cited4 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Clifford v. . DamNew York Court of Appeals · 1880
- Irvine v. . WoodNew York Court of Appeals · 1872
- Mayor of Baltimore v. MarriottCourt of Appeals of Maryland · 1856
3Cited by41 opinions
- ACE Securities Corp. v. DB Structured Products, Inc.New York Court of Appeals · 2015
- Kunstsammlungen Zu Weimar v. ElicofonDistrict Court, E.D. New York · 1981
- Brehm v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Young v. City of SeattleWashington Supreme Court · 1948
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
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