Werner v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27, 1894, which affirmed a judgment of 'the Monroe County Court in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s notice of claim does not comply with the provisions of defendant’s charter.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 27, 1894, which affirmed a judgment of 'the Monroe County Court in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff’s notice of claim does not comply with the provisions of defendant’s charter. (Paddock v. City of Syracuse, 39 N. Y. S. R. 563; Laws of 1890, chap. 561, § 27; Smith v. City of Rochester, 19 N. Y. Supp.…
1Per curiam
The point upon which the appellant’s counsel principally relies for the reversal of the judgment, viz.: the plaintiff’s failure seasonably to serve notice of his intention to commence the action, on the city attorney, is not presented by any proper exception in the record. The action was to recover damages for an injury, both to the person of the plaintiff and to his horse and buggy, caused by an alleged defective condition of one of the public streets in Rochester, in which a. sewer was being constructed. The complaint contains suitable allegations charging negligence upon the defendant, in…
2Cases cited1 opinion
- Caulkins v. . HellmanNew York Court of Appeals · 1872
3Cited by16 opinions
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
- Dodge v. . CorneliusNew York Court of Appeals · 1901
- Bernreither v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Beyer v. . City of North TonawandaNew York Court of Appeals · 1906
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