Curry v. . City of Buffalo
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 the first Tuesday of June, 1890, which denied a motion for a new trial and affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Circuit. The nature of the action and the material facts are stated in the opinion.
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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 the first Tuesday of June, 1890, which denied a motion for a new trial and affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Circuit. The nature of the action and the material facts are stated in the opinion. The plaintiff is entitled to a new trial, because chapter 5J2 of the Laws of 1886, does not apply to Buffalo. (M., etc., R. R. Co. v. Mayor, etc., 49 Hun, 126 ; Mayor, etc., v. Brady, 115 N. Y. 599 ; Weiler v. Nemback, 114…
1Opinion of the Court
Eabl, Ch. J.
The plaintiff brought this action to recover damages for personal injuries received by her from falling upon a sidewalk in reference to which she charged the defendant with negligence. She was nonsuited at the trial solely upon the ground that she had not complied with section 1 of chapter 572 of the Laws of 1886, passed January fourth of that year, by giving the notice there required of her intention to commence the action. .
She received her injuries on the 18th °day of December, 1887, and. on the twenty-ninth day of May thereafter she delivered to the city clerk and the…
2Cases cited1 opinion
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
3Cited by67 opinions
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Minnis v. FriendIllinois Supreme Court · 1935
- Ouimette v. City of ChicagoIllinois Supreme Court · 1909
- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
- Nicol v. City of St. PaulSupreme Court of Minnesota · 1900
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