Coonley v. City of Albany
New York Supreme Court
Appeal from special term, Albany county. Action by George W. Coonley for damages against the city of Albany. Appeal by plaintiff from a judgment sustaining a demurrer to his petition.
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Appeal from special term, Albany county. Action by George W. Coonley for damages against the city of Albany. Appeal by plaintiff from a judgment sustaining a demurrer to his petition. The complaint alleges that the plaintiff was the owner of a dock upon the Hudson river, within the city of Albany, adapted to and valuable for the lading, unlading, and storage of merchandise from vessels; that on the 26th day of September, 1888, a canal-boat loaded with iron, while navigating the river, sunk at the said dock, and thereby obstructed its use, to plaintiff’s damage; that the defendant assumed the…
1Opinion of the CourtLandon, J.
The fact that the defendant has adopted an ordinance providing a method for the removal of vessels sunken at any of the docks of the city does not charge it with the duty of enforcing the ordinance, nor make it liable for its non-enforcement. Section 44 of title 3 of its charter (chapter 298, Laws 1883) reads as follows: “Nothing contained in this act shall be so *514construed as to render the city of Albany, or any of its officers, liable in damages, or otherwise, to any person or persons or corporation, for any omission to pass any ordinance, regulation, or resolution pursuant to the provisions…
2Cases cited5 opinions
- County of Mobile v. KimballSupreme Court of the United States · 1881
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Hicks v. . DornNew York Court of Appeals · 1870
- Seaman v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- Stillwell v. Mayor of New YorkThe Superior Court of New York City · 1883
3Cited by7 opinions
- Howard v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Goodwin v. VoorhisNew York Supreme Court · 1892
- Toomey v. City of AlbanyNew York Supreme Court · 1891
- Johnson v. StateNew York Court of Claims · 1909
- Studeor v. Village of GouverneurAppellate Division of the Supreme Court of the State of New York · 1897
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