Legal Opinion

Bernreither v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided January 10, 1908PublishedCited by 17 opinions

Appeal by the defendant, The City of Yew York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the ¡office, of.,the. clerk of the county of Mew York on the 16tlrday of July, 1907, upon"the.verdict of a. jury for $1,-250, rendered after a trial,at:the--New:/York. Trial.Term. .,7 v :.

1Opinion of the Court

Clarke, J.:

¡The plain tiff fellüpon an icy. side walk añd .wasrinj.ured. 7 Alleging that the- condition of the sidewalk was due to the negligence of the " city in maintaining, a. leaking hydrant, he has recovered a,, judgment for his damages. The city appeals from the judgment, but not from"‘the " ófdér' dhriying it's motion for a 'new "trial. "We ‘áre', therefore, confined.to, .a.consideration, of th.e.alleged errors oivlaw.

The accident occurred on March 5, 1904: On September 2,. iMi^'^theye Was servedupon jtlie" comptroller " a>'verified I'claim,-' describing the time, place, cánse and…

2Cases cited11 opinions

  1. MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
  2. Missano v. Mayor of New YorkNew York Court of Appeals · 1899
  3. Crapo v. . City of SyracuseNew York Court of Appeals · 1906
  4. Curry v. . City of BuffaloNew York Court of Appeals · 1892
  5. Sheehy v. . City of New YorkNew York Court of Appeals · 1899

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3Cited by17 opinions

  1. Neuenschwander v. Washington Suburban Sanitary CommissionCourt of Appeals of Maryland · 1946
  2. Joseph v. McVeighAppellate Division of the Supreme Court of the State of New York · 1955
  3. Marcy v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1921
  4. Kamnitzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1943
  5. Tolchinsky v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914

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