Legal Opinion · Dissent

Hamilton v. City of Buffalo

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1900Published

Appeal by the plaintiff, Howard A. Hamilton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of December, 1899, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Erie Trial Term.

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Appeal by the plaintiff, Howard A. Hamilton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 20th day of December, 1899, upon the dismissal of the complaint at the close of the plaintiff’s case by direction of the court after a trial before the court and a jury at the Erie Trial Term. This action was commenced June 6, 1898, to recover damages for injuries sustained by the plaintiff in falling in a hole in the crosswalk on Erie street,- in the city of Buffalo. The northerly crossing of that street, at its…

1Dissent

Laughlin, J. (dissenting):

Although it has been held that the statute requiring that a notice of intention to commence an action on a claim for negligence against a municipality affects the remedy and not the right,” the “ procedure rather than the cause of action” (Sheehy v. City of New York, 160 N. Y. 139, 143), nevertheless the law is well established that a substantial compliance with this statute must be alleged and proved as a condition precedent to plaintiff’s right to maintain the action. (Curry v. City of Buffalo, 135 N. Y. 366, 370; Krall v. City of New York, 44 App. Div. 259;…

2Cases cited5 opinions

  1. Missano v. Mayor of New YorkNew York Court of Appeals · 1899
  2. Curry v. . City of BuffaloNew York Court of Appeals · 1892
  3. Sheehy v. . City of New YorkNew York Court of Appeals · 1899
  4. Krall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
  5. Kennedy v. Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1898

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