Taylor v. . City of Cohoes
New York Court of Appeals
'Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 16, 1386, which reversed an order of Special Term denying a motion on the part of defendant for a retaxation of costs and which granted said motion. This action was commenced in August, 1880; it was brought to recover damages for injuries alleged to have been caused by defendant’s negligence.
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'Appeal from order of the General Term of the Supreme Court in the third judicial department, made November 16, 1386, which reversed an order of Special Term denying a motion on the part of defendant for a retaxation of costs and which granted said motion. This action was commenced in August, 1880; it was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The trial resulted in a verdict for plaintiff for $2,000. Taxation of plaintiff’s costs was opposed on the ground that plaintiff’s claim was not presented to the chief fiscal officer of defendant…
1Opinion of the Court
Per Guriam.
This action was brought before the new Code went into effect, and hence the section in regard to costs (3245) has no application here. The case must be decided under the act of 1859. (Chap. 262, § 2, Laws of 1859.) Under that section of the law this court substantially held that cases for the recovery of damages for injuries sustained by reason of the negligence of the servants of a municipal corporation were not within its purview. (McGlure v. Sup'rs of Niagara, 3 Abb. Ct. App. Dec. 83; Howell v. City of Buffalo, 15 N. Y. 512; McGaffin v. City of Cohoes, 74 id., 387.) All of these…
2Cases cited3 opinions
- Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
- Baine v. . the City of RochesterNew York Court of Appeals · 1881
- McClure v. Supervisors of NiagaraNew York Court of Appeals · 1867
3Cited by11 opinions
- Miller v. Village of MullanIdaho Supreme Court · 1909
- Harrigan v. . City of BrooklynNew York Court of Appeals · 1890
- Cropper v. City of MexicoMissouri Court of Appeals · 1895
- Cavan v. City of BrooklynNew York City Court · 1889
- Evans v. City of JoplinMissouri Court of Appeals · 1900
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