Walden v. . City of Jamestown
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 31, 1903, affirming a judgment in favor of plaintiff entered upon the report gf a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 31, 1903, affirming a judgment in favor of plaintiff entered upon the report gf a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff, in order to maintain her action, was obliged to show that a notice in writing of, the place where the accident occurred was given to the mayor, city clerk or some alderman within forty-eight hours after the happening thereof. (L. 1898, ch. 231.) The service of a notice seventy-two…
1Opinion of the CourtBabtlett, J.
This action is brought against the defendant, the City of Jamestown, to recover damages for personal injuries alleged to have been received on the eighth day of April, 1900,' within said city, on one of its traveled thoroughfares known as Warren street.
On the day in question the plaintiff, in company with her daughter, was on the way from her residence to church, and, in attempting to pass over the sidewalk of said street, experienced a serious fall in consequence of the defects existing therein, being thrown forward, striking on her left knee and head, thereby sustaining painful injuries.
The…
2Cases cited8 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Matthews v. . American Central Ins. Co.New York Court of Appeals · 1897
- Herter v. . MullenNew York Court of Appeals · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Martin v. School Board of Union Free District No. 28New York Court of Appeals · 1950
- Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
51 more not listed; retrieve them via the Exa API.