Lloyd v. . the Mayor, C. of New York
New York Court of Appeals
Appeal from tbe general term of the Court of Common Pleas of the city of New York, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. • This was an action against the. corporation of New York, for the negligence of its servants, in permitting an excavation made in Broome street, in that city, to remain unguarded in the night-time, in consequence whereof, the plaintiff’s horse, on the night of the 6th October 1849, was driven into it, and so…
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Appeal from tbe general term of the Court of Common Pleas of the city of New York, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. • This was an action against the. corporation of New York, for the negligence of its servants, in permitting an excavation made in Broome street, in that city, to remain unguarded in the night-time, in consequence whereof, the plaintiff’s horse, on the night of the 6th October 1849, was driven into it, and so badly injured that he died. On the trial, it was shown that the hole was dug, on the day prior to the accident, by…
1Opinion of the Court
*Foot, J.
The corporation, of the city of New York possesses two kinds of powers, one governmental and public, and to the extent they are held and exercised, is clothed with sovereignty — the other private, and to the extent they are held and exercised, is a legal individual. The former are given and used for public purposes, the latter for private purposes. While in the exercise of the former; the corporation is a municipal government, and while in the exercise of the latter, is a corporate, legal individual. The distinction between these two classes of powers is obvious, and has been…
2Cases cited5 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Lynch v. Mayor of New YorkNew York Court of Appeals · 1879
- Smith v. Mayor of New YorkNew York Court of Appeals · 1876
3Cited by52 opinions
- South Carolina v. United StatesSupreme Court of the United States · 1905
- City of Detroit v. BlackebyMichigan Supreme Court · 1870
- Johnston v. City of East MolineIllinois Supreme Court · 1950
- Springfield Fire & Marine Insurance v. Village of KeesevilleNew York Court of Appeals · 1895
- Brinkmeyer v. City of EvansvilleIndiana Supreme Court · 1867
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