Beyer v. . City of North Tonawanda
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 31, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. 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 August 31, 1904, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. In view of the circumstances and surroundings and the nature of the sidewalk, the notice indicated the location of the defects and want of repair in this sidewalk with sufficient particularity and accuracy to meet the…
1Opinion of the CourtO’Brien, J.
The plaintiff sought to recover damages for a personal injury claimed to have been received by her ill consequence of a defective sidewalk. On the trial her complaint was dismissed and the questions of negligence presented by the pleadings were not passed upon, but it was held that, as matter of law, she was not entitled to recover. The judgment was affirmed on appeal upon the sole ground, as stated in the order, “ that the notice required to he served by the plaintiff after the happening of the alleged accident did not particularly and accurately state the location of the defect complained…
2Cases cited6 opinions
- Werner v. City of RochesterNew York Supreme Court · 1894
- Werner v. . City of RochesterNew York Court of Appeals · 1896
- Sullivan v. City of SyracuseNew York Supreme Court · 1894
- Masters v. City of TroyNew York Supreme Court · 1888
- Murphy v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
- McComb v. City of ChicagoIllinois Supreme Court · 1914
- Casey v. . City of New YorkNew York Court of Appeals · 1916
- Bravo v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
- Denecke v. Property Collaterals, Inc.New York Court of Appeals · 1938
11 more not listed; retrieve them via the Exa API.