Cavin v. City of Brooklyn
New York Court of Appeals
Appeal by defendant from a judgment of the General Term of the city court of Brooklyn, affirming an interlocutory judgment overruling a demurrer to the complaint. The action was brought by Thomas J. Gavin against the city of Brooklyn to recover $500 damages for injuries alleged to have been done to plaintiff’s horse and cart through the negligence of the defendant.
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Appeal by defendant from a judgment of the General Term of the city court of Brooklyn, affirming an interlocutory judgment overruling a demurrer to the complaint. The action was brought by Thomas J. Gavin against the city of Brooklyn to recover $500 damages for injuries alleged to have been done to plaintiff’s horse and cart through the negligence of the defendant. The complaint did not allege that the plaintiff’s claim had been presented to the comptroller of the defendant for adjustment, and defendant demurred on the ground that such complaint did not state facts sufficient to constitute a…
1Opinion of the CourtAndrews, J.
This case is governed by the decision in Howells v. City of Buffalo, 15 N. Y. 512. It was there held that a charter provision in the charter of Buffalo declaring that “ it should be a sufficient bar or answer to any action or proceeding in any court for the collection of any demand or claim (against the city) that it had never been presented to the council for audit or allowance,” did not apply to claims arising ex delicto. The same principle of construction has been applied to statutory provisions prohibiting the allowance of costs in actions against municipal corporations, unless the claim…
2Cases cited34 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
- Fallon v. ButlerCalifornia Supreme Court · 1862
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Brown v. Town of SouthburySupreme Court of Connecticut · 1885
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3Cited by1 opinion
- Fisher v. RankinNew York Supreme Court · 1889