Legal Opinion

Dodge v. Town of North Hudson

District Court, N.D. New York

Decided April 26, 1910PublishedCited by 5 opinions

Action by Josephine M. Dodge, as administrator of the goods, chattels, and credits of James E. Dodge, against the Town of North Hudson. On demurrer to complaint.

1Opinion of the Court

RAY, District Judge.

Evidently this is intended to be an action by the administratrix of James E. Dodge, deceased, to recover damages for the death of said Dodge caused by the actionable negligence or wrongful act or omission of the defendant, one of the municipal corporations (towns) of the state of New York, growing out of defects in its highway and bridge on which said Dodge was traveling, and can be maintained, if at all, under the provisions of the Code of Civil Procedure of the state of New York and its highway laws only. The amount of damages alleged and claimed is sufficient to give…

2Cases cited15 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
  3. Pollard v. BaileySupreme Court of the United States · 1874
  4. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  5. Noonan v. BradleySupreme Court of the United States · 1870

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3Cited by5 opinions

  1. Diatel v. GleasonDistrict Court, S.D. New York · 1937
  2. Dodge v. Town of North HudsonU.S. Circuit Court for the District of Northern New York · 1911
  3. St. Bernard v. ShaneDistrict Court, N.D. Ohio · 1913
  4. Hawkins v. County of OneidaAppellate Division of the Supreme Court of the State of New York · 1944
  5. Southern Railway Co. v. MooreSupreme Court of South Carolina · 1930

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