Scott v. . Village of Saratoga Springs
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 17, 1909, reversing a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granting a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 17, 1909, reversing a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial and granting a new trial. The plaintiff stumbled against one of several flagstones temporarily laid upon a sidewalk in the village of Saratoga Springs, at a place where the walk was being repaired, to the knowledge and with the consent and under the direction of the sewer, water and street commission of said village. He sustained damages for which this…
1Opinion of the CourtChase, J.
Two questions of law are involved upon this appeal: 1. Can this action be sustained against the defendant, or should it have been brought against the sewer, water and street commission of Saratoga Springs, New York ? 2. Is the act (Laws of 1902, Chapter 506) amending the charter of the village of Saratoga Springs, to provide for the appointment of sewer, water and street commissioners for said village and to prescribe their powers and duties, constitutional %
Judge Gray, writing for this court in MacMullen v. City of Middletown (187 N. Y. 37), has made more clear than appeared prior to that…
2Cases cited17 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
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3Cited by15 opinions
- Stocker v. City of NashvilleTennessee Supreme Court · 1939
- Becraft v. StrobelNew York Supreme Court · 1936
- Cort v. SmithAppellate Division of the Supreme Court of the State of New York · 1936
- Metzroth v. City of New YorkNew York Court of Appeals · 1926
- In re O'ConnorNew York Supreme Court · 1943
10 more not listed; retrieve them via the Exa API.