Legal Opinion
Holmes v. County of Erie
Appellate Division of the Supreme Court of the State of New York
Decided May 12, 1943PublishedCited by 32 opinions
1Opinion of the CourtMcCurn, J.
The plaintiff, a sentenced prisoner confined in the Erie County Penitentiary, alleges in his complaint that during his confinement and while working in the penitentiary workshop he was injured through the negligence of the county. The defendant county made a motion to dismiss the complaint upon the ground that it fails to state a cause of action. How*221ever, the only argument urged hy the defendant in support of the motion or upon this appeal is that the county is immune from suit because it was engaged in the performance of a governmental function. The appeal here is from the order denying the…
2Cases cited5 opinions
- Augustine v. Town of BrantNew York Court of Appeals · 1928
- Matter of Evans v. BerryNew York Court of Appeals · 1933
- Markey v. . County of QueensNew York Court of Appeals · 1898
- Lewis v. . the StateNew York Court of Appeals · 1884
- Corbett v. . St. Vincent's Industrial SchoolNew York Court of Appeals · 1903
3Cited by32 opinions
- Rottkamp v. YoungAppellate Division of the Supreme Court of the State of New York · 1964
- Kelso v. City of TacomaWashington Supreme Court · 1964
- Murrain v. Wilson Line, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- McCarthy v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1945
- Bardi v. Warren County Sheriff's DepartmentAppellate Division of the Supreme Court of the State of New York · 1993
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