City of Rochester v. . Montgomery
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor- of plaintiff entered upon the report of a referee. (Reported below, 9 Hun, 394.) This action was brought to recover of defendant the amount of a judgment, paid by it, recovered by one Anthony McNeiss against plaintiff, for injuries sustained by reason of obstructions upon one of the city streets. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor- of plaintiff entered upon the report of a referee. (Reported below, 9 Hun, 394.) This action was brought to recover of defendant the amount of a judgment, paid by it, recovered by one Anthony McNeiss against plaintiff, for injuries sustained by reason of obstructions upon one of the city streets. The facts appear sufficiently in the opinion. The city ordinances were improperly received in evidence. (Calligan v. N. Y. C. & H. R. R. R. Co., 59 N. Y., 651.) The record…
1Opinion of the CourtRapallo, J.
If the defendant unlawfully placed an obstruction in the street, or left it negligently without guards or lights, and McEeiss was injured in consequence, the plaintiff, although primarily liable to McEeiss, had recourse over against the defendant for the amount recovered by McEeiss, by reason of the defendant’s unlawful or negligent act. (Robbins v. City of Chicago, 4 Wall., 657; City of Lowell v. Short, 4 Cushing, 275; City of Troy v. R. R. Co., 49 N. Y., 657.)
The plaintiff having given notice to the defendant of the action brought against it by McEeiss, and that it claimed that the…
2Cases cited3 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Massoth v. President of Delaware & Hudson Canal Co.New York Court of Appeals · 1876
- Dung v. ParkerNew York Court of Appeals · 1873
3Cited by37 opinions
- Washington Gas Light Co. v. District of ColumbiaSupreme Court of the United States · 1896
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Musco v. ConteAppellate Division of the Supreme Court of the State of New York · 1964
- Gregg v. City of WilmingtonSupreme Court of North Carolina · 1911
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