Peaty v. City of New York
New York Supreme Court
Motion by the plaintiff for a new trial, the complaint having been dismissed at the trial. Action for damages for the benefit of the widow and next of kin for the alleged negligence of the defendant causing the death of the plaintiff’s decedent, who was her husband. The decedent was a member of the fire department of the defendant. He was a lineman, and belonged to the force which had charge of the telegraph and fire alarm lines of the department.
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Motion by the plaintiff for a new trial, the complaint having been dismissed at the trial. Action for damages for the benefit of the widow and next of kin for the alleged negligence of the defendant causing the death of the plaintiff’s decedent, who was her husband. The decedent was a member of the fire department of the defendant. He was a lineman, and belonged to the force which had charge of the telegraph and fire alarm lines of the department. Their duty was to erect and care for such lines. While removing an abandoned line from a street with a gang, a pole which the decedent had climbed…
1Opinion of the Court
Gaynor, J.:
The negligence which is claimed is that the defendant failed to have the poles inspected. Even so, the plaintiff could not recover. It may not be easy in the conflict and variation of decisions in this state to state the legal principle for this; but it is settled by authority. The state cannot be sued without its consent for any negligent act or omission of its officials, or liability created by them. And this rule that sovereignty cannot be sued in its own courts prevented counties and towns in this state from being sued, for they were only subdivisions of the state government.…
2Cases cited11 opinions
- Hill v. City of BostonMassachusetts Supreme Judicial Court · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
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3Cited by4 opinions
- Gaetjens v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Lattin v. Town of Oyster BayNew York Supreme Court · 1901
- Thompson v. City of AlbionNebraska Supreme Court · 1927
- Van Alstyne v. City of AmsterdamNew York Supreme Court · 1922