Village of Port Jervis v. . First National B'k.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 11, 1883, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 31 Hun,-107.) This action was brought to recover the amount of a judgment which had been recovered against and paid by plaintiff in favor of Helena M. Hart for injuries caused by falling into an excavation made by defendant in the sidewalk of one of plaintiff’s streets, adjacent to premises owned by defendant, upon which it was erecting a bank building. Defendant…
1Opinion of the Court
Huger, Oh. J.
The appellant states four grounds of objection to the judgment in this action, and they will be noticed in the order in which they are raised.
The first proposition is that the plaintiff should have been nonsuited, because of its omission to notify the defendant of the prior action of Hart v. Village of Port Jervis, such notice being claimed to be a condition precedent to a recovery in this action, for the reason that the plaintiff had authorized the defendant to make the excavation which caused the injury for which Hart recovered damages, and also because the notice claimed to…
2Cases cited12 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Lovejoy v. MurraySupreme Court of the United States · 1866
- Holden v. . New York and Erie BankNew York Court of Appeals · 1878
- Fulton Bank v. New-York & Sharon Canal Co.New York Court of Chancery · 1833
- Bridgeport Fire & Marine Insurance v. WilsonNew York Court of Appeals · 1866
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3Cited by100 opinions
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- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- Trustees of the Village of Canandaigua v. FosterNew York Court of Appeals · 1898
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