McMahon v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of Yew York, from a judgment of the Court .of Common Pleas for the city and county of Yew York in favor of the plaintiff, entered in the office of the clerk of said court on the 22d day of April, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of April, 1895, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of Yew York, from a judgment of the Court .of Common Pleas for the city and county of Yew York in favor of the plaintiff, entered in the office of the clerk of said court on the 22d day of April, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 24th day of April, 1895, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover the damages resulting from an injury caused to plaintiff by falling into a hole permitted to exist through-…
1Per curiam
The only question presented upon this appeal is whether the notice required by the statute was duly filed with the corporation counsel. We think, under the peculiar circumstances of this case, that there was a sufficient filing. The gentleman to whom the notice was delivered was acting at the time as assistant to one of the assistants of the corporation counsel. He was intrusted with the important duty of examining the plaintiff with regard to the accident. He was himself an attorney at law. He was in the corporation counsel’s office at the time of the service, actually engaged in the…
2Cited by6 opinions
- Powers v. Kansas City, Mo.Missouri Court of Appeals · 1929
- City of Tulsa v. WhittenhallSupreme Court of Oklahoma · 1929
- Burford v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- Ruprecht v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Burford v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
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