Legal Opinion

Biggs v. . City of Geneva

New York Court of Appeals

Decided March 20, 1906PublishedCited by 6 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 22, 1904, which reversed an order of the court at a Trial Term denying a motion for a new trial after a verdict in favor of plaintiff, and granted such motion upon questions of law only, the facts having been examined and no error found therein.

1Opinion of the CourtEdward T. Bartlett, J.

The plaintiff seeks to recover damages of the city of Geneva for personal injuries caused by its negligence in permitting- ice to form on the sidewalk upon which he fell, fracturing his wrist.

The charter of defendant provides that no action can be maintained against the city for personal injuries unless notice in writing “ of the intention to claim damages, and of the time and place at which the injuries were received, and the nature and extent of such injuries, shall have been tiled with the corporation counsel within one month after such injury shall have been received.”

The plaintiff failed…

2Cited by6 opinions

  1. Lee v. StateNew York Court of Claims · 1946
  2. Federman v. StateNew York Court of Claims · 1940
  3. Parker v. StateNew York Court of Claims · 1945
  4. In re the Estate of AlbrechtNew York Surrogate's Court · 1922
  5. Benson v. StateNew York Court of Claims · 1944

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