Hines v. . the City of Lockport
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 41 How. Pr., 435 ; 5 Lans., 16.) This action was brought to recover damages for injuries sustained by plaintiff by falling through a defective crosswalk in one of defendant’s streets.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered upon the report of a referee. (Reported below, 41 How. Pr., 435 ; 5 Lans., 16.) This action was brought to recover damages for injuries sustained by plaintiff by falling through a defective crosswalk in one of defendant’s streets. It appeared that the crosswalk in question was built under the direction of the common council of the city; that it was at the time plaintiff was injured out of repair and in a dangerous condition, and had been so for a…
1Opinion of the CourtRapallo, J.
Where power is conferred on public officers or a municipal corporation to make improvements, such as streets, sewers, etc., and keep them in repair, the duty to make them is quasi judicial or discretionary, involving a determination as to their necessity, requisite capacity, location, etc., and for a failure to exercise this power, or an erroneous estimate of the public needs, no civil action is maintainable. (Mi lls v. City of Brooklyn, 32 N. Y., 489.)
But when this discretion has been exercised, and the street, sewer or other improvement has been made, the duty to keep it in repair so as to…
2Cases cited6 opinions
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Barton v. . the City of SyracuseNew York Court of Appeals · 1867
- Hover v. BarkhoofCommission of Appeals · 1870
- Hutson v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1853
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3Cited by37 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- City of Portsmouth v. Mitchell Manufacturing Co.Ohio Supreme Court · 1925
- Weed v. . Village of Ballston SpaNew York Court of Appeals · 1879
- Saulsbury v. . Village of IthacaNew York Court of Appeals · 1883
- Monk v. . Town of New UtrechtNew York Court of Appeals · 1887
32 more not listed; retrieve them via the Exa API.