Barry v. Village of Port Jervis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,, the Village of Port Jervis, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 21st day of March, 1901, upon the decision of the court, rendered after a trial at the Orange Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Woodward, J.:
This action was brought to recover damages for personal injuries alleged to have been sustained by the plaintiff by falling into a hole in one of the highways of the defendant village, and the defendant demurs to the complaint, alleging that it does not state facts sufficient to constitute a cause of action, in that the complaint shows upon its face that the plaintiff did not file with the clerk of the village, within forty-eight hours of the accident, the notice required by section 82 of chapter 529 of the Laws of 1896, constituting the charter of the village of Port Jervis. A…
2Cases cited44 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Terry v. AndersonSupreme Court of the United States · 1877
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
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3Cited by14 opinions
- Shoemaker v. Aldmor Management, Inc.Supreme Court of Georgia · 1982
- Williams v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1902
- Rauber v. Village of WellsvilleAppellate Division of the Supreme Court of the State of New York · 1903
- Thomann v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1930
- MacMullen v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 1906
9 more not listed; retrieve them via the Exa API.