Pack v. . the Mayor, C. of New-York
New York Court of Appeals
Appeal from the court of common pleas of the city of New-York, where Pack brought an action on the case against the mayor, aldermen and commonalty of that city.
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Appeal from the court of common pleas of the city of New-York, where Pack brought an action on the case against the mayor, aldermen and commonalty of that city. On the trial in May, 1849, it appeared that in 1847 certain persons employed by the city corporation were engaged in excavating and blasting rocks on the Bloomingdale road; that fragments of rock were thrown against and entered the house of the plaintiff, situated on that street, whereby his wife and son, a lad eight years old, were injured, the latter fatally, so that he died in an hour and a half. After the plaintiff had rested, Mr.…
1Opinion of the Court
Bronson, Ch. J.
This is an action- on the case against the city of New-York, by its corporate name of “the mayor, aider-men and commonalty of the city of New-York;” and on the trial the defendants called Moses W. S. Jackson as a witness, who, for the reason that he was oiie of the aldermen of the city, was rejected by the court as being incompetent. He could not be excluded on the ground of interest, unless he was also a party to the action ; (Code, §§ 398, 399;) and if he was in any sense a party, I think he was not one within the meaning of the code. The action was not brought against the…
2Cases cited7 opinions
- Ford v. MonroeNew York Supreme Court · 1838
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- Philips v. WickhamNew York Court of Chancery · 1829
- Frear v. EvertsonNew York Supreme Court · 1822
- Norton v. WoodsNew York Court of Chancery · 1835
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3Cited by14 opinions
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