Soper v. Town of Greenwich
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julia F. Soper, as administratrix, etc., of Frederick L. Soper, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 16th day of March, 1899, upon the dismissal of her complaint by direction of the court after a trial at the Washington Trial Term.
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Appeal by the plaintiff, Julia F. Soper, as administratrix, etc., of Frederick L. Soper, deceased, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Washington on the 16th day of March, 1899, upon the dismissal of her complaint by direction of the court after a trial at the Washington Trial Term. This action was brought against the defendant to recover damages for the death of plaintiff’s husband, caused, as it, is claimed, by tlie negligence of the defendant in permitting a hole to exist in a highway in-the town. The injury…
1Opinion of the Court
Smith, J.:
The complaint in this case was dismissed on the ground that the plaintiff had failed to comply with section 16 of the Highway Law (Laws of 1890, chap. 568) in the service of the notice of claim as required by that section. By that section it is provided : “ No action shall be maintained against any town to recover such damages unless a verified statement of the cause of action shall have been presented to the supervisor of the town within six months after the cause of action accrued, and no such action shall be commenced until fifteen days after the service of such statement.” The…
2Cases cited4 opinions
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Gates v. . StateNew York Court of Appeals · 1891
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- Smith v. KerrNew York Supreme Court · 1888
3Cited by2 opinions
- Hamilton v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Scheer v. Village of PerryAppellate Division of the Supreme Court of the State of New York · 1907