Matter of Hammond v. . City of Fulton
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16,1917, which reversed an order of the Oswego County Court directing the city of Fulton to pay the claim of the petitioner. The facts, so far as material, are stated in the opinion. The words “ privileges and exemptions ” should not be construed to include only what was covered at the time of the adoption of the charter.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 16,1917, which reversed an order of the Oswego County Court directing the city of Fulton to pay the claim of the petitioner. The facts, so far as material, are stated in the opinion. The words “ privileges and exemptions ” should not be construed to include only what was covered at the time of the adoption of the charter. (Harris v. White, 81 N. Y. 582; People ex rel. Fox v. Hayden, 133 N. Y. 198.) The statutes in question should be liberally construed. (Black on Interp. of…
1Opinion of the CourtMcLaughlin, J.
On the 30th of November, 1915, Leon Hammond, while performing his duties as a call fireman in the city of Fulton, N. Y., received injuries from which he died shortly thereafter. His widow was appointed administratrix of his estate and as such presented a claim, by reason of his death, to the city for $2,500. The claim was rejected and she subsequently presented a petition, in pursuance of section 205 of the General Municipal Law, as amended by subdivision 4, chapter 400 of the Laws of 1914, to the County Court of Oswego county, asking that the city be directed to pay the same. A hearing upon…
2Cases cited6 opinions
- Mountain Timber Company v. State of WashingtonSupreme Court of the United States · 1916
- Harris v. . WhiteNew York Court of Appeals · 1880
- Matter of Mahon v. . Bd. of EducationNew York Court of Appeals · 1902
- People Ex Rel. Waddy v. . PartridgeNew York Court of Appeals · 1902
- People Ex Rel. Fox v. . HaydenNew York Court of Appeals · 1892
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3Cited by7 opinions
- Cook v. City of BinghamtonNew York Court of Appeals · 1979
- Lickert v. City of OmahaNebraska Supreme Court · 1944
- Matter of Benvenga v. La GuardiaNew York Court of Appeals · 1945
- Moskowitz v. La GuardiaNew York Supreme Court · 1944
- Tyler v. GadwoodNew York Supreme Court · 1949
2 more not listed; retrieve them via the Exa API.