Legal Opinion

Scheer v. Village of Perry

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1907PublishedCited by 1 opinion

Motion by the plaintiff, Nicholas J. Scheer, for a new trial upon á case containing exceptions, ordered to be heard at the- Appellate Division in the first instance upon a -nonsuit granted by the court upon a trial at the Wyoming Trial Term. ,

1Opinion of the Court

Williams, J.:

The plaintiff’s exceptions should be sustained and the motion for a new trial granted, with costs to the plaintiff to abide the event.

*607The action was brought to recover damages for personal injuries' alleged to have resulted from, the negligence of the defendant.

At the close of the plaintiff’s evidence the court granted a motion ■ for a nonsuit solely upon the ground that there was-a failure to prove that a verified written statement of the nature of the claim and of the time and place at which such injuries were alleged to have been received was filed with the village clerk…

2Cases cited3 opinions

  1. Sheehy v. . City of New YorkNew York Court of Appeals · 1899
  2. Sheehy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
  3. Soper v. Town of GreenwichAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by1 opinion

  1. Rockwell v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1939

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