Legal Opinion

Miller v. City of Buffalo

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

Decided January 6, 1909PublishedCited by 3 opinions

Appeal by the defendants, the City of Buffalo and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 24th day of June, 1908, pursuant to an order entered in said clerk’s office.on the same day, and also from the said order.

1Opinion of the Court

Robson, J.:

This action had its origin in the Municipal Court of the city of Buffalo. The first trial in that court resulted in a nonsuit, which was affirmed on appeal to the Erie Special Term of the Supreme Court. On appeal to this court the judgments of the Special Term and Municipal Court were set aside and a new trial in the Municipal Court directed, with costs in all the courts to the plaintiff to abide the event. (Miller v. City of Buffalo, 126 App. Div. 923.) On the new trial plaintiff had judgment, June 20, 1908, against both defendants for $250 damages and $30.10 court and statutory…

2Cases cited5 opinions

  1. First National Bank v. Fourth National BankNew York Court of Appeals · 1881
  2. Burns v. HowardNew York Supreme Court · 1881
  3. Crandell v. BickerdNew York Supreme Court · 1900
  4. Cutting v. JessmerAppellate Division of the Supreme Court of the State of New York · 1905
  5. Miller v. City of Buffalo & International Railway Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by3 opinions

  1. O'Hara v. DerschugNew York Supreme Court · 1934
  2. Cochrane v. CornwellAppellate Division of the Supreme Court of the State of New York · 1914
  3. Ferrazzano v. Hertzberg, New York County Courts1915

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