Perry v. Village of Potsdam
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Village of Potsdam, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 9th day of January, 1905, upon the verdict of a jury for $700, rendered after a trial at the St. Lawrence Trial Term. The action is brought to recover damages for an injury which the plaintiff sustained through a walk claimed to have been defective in the defendant village.
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Appeal by the defendant, the Village of Potsdam, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of St. Lawrence on the 9th day of January, 1905, upon the verdict of a jury for $700, rendered after a trial at the St. Lawrence Trial Term. The action is brought to recover damages for an injury which the plaintiff sustained through a walk claimed to have been defective in the defendant village. The defendant’s trustees were claimed to have been negligent in allowing the walk' to become out of repair. No actual notice was shown of…
1Opinion of the Court
Smith, J.:
Upon an appeal from a judgment the appellant can only complain of errors which are pointed out by objection and exception to the ruling made. (Ten Eyck v. Witbeck, 55 App. Div. 168; Allen v. Corn Exchange Bank, 181 N. Y. 282.) In the case of McGrath v. Home Insurance Company (88 App. Div. 153) and also in the case of Shotwell v. Dixson (163 N. Y. 43) the appeal to the Appellate Division ivas both from the judgment and from an order denying a motion for a new trial. In the McGrath case the opinion, so far as it indicates that a review may be had of errors to which exceptions were not…
2Cases cited5 opinions
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- Shotwell v. . DixonNew York Court of Appeals · 1900
- McGrath v. Home InsuranceAppellate Division of the Supreme Court of the State of New York · 1903
- Allen v. . Corn Exchange BankNew York Court of Appeals · 1905
- Ten Eyck v. WitbeckAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by2 opinions
- Heimer v. StentoAppellate Division of the Supreme Court of the State of New York · 1946
- Miller v. BarnettAppellate Division of the Supreme Court of the State of New York · 1913