Legal Opinion

O'Brien v. City of Saratoga Springs

Appellate Division of the Supreme Court of the State of New York

Decided June 22, 1928PublishedCited by 6 opinions

1Opinion of the CourtVan Kirk, P. J.

Defendant’s motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice was granted and the complaint dismissed. The plaintiff appeals.

In the complaint it is alleged: On October 14, 1927, at about ten-thirty a. m., plaintiff went to the polling place designated in the city of Saratoga Springs for her to register for the general election in the fall of 1927; while there she tripped over a rope, with which a dog belonging to an inspector was tied to the leg of a table, which was being used by the inspectors, and sustained the injuries complained of; defendant had provided…

2Cases cited3 opinions

  1. Miller v. City of New YorkNew York Court of Appeals · 1911
  2. People Ex Rel. Lardner v. . CarsonNew York Court of Appeals · 1898
  3. People Ex Rel. Werner v. . PrendergastNew York Court of Appeals · 1912

3Cited by6 opinions

  1. Galvan v. Superior CourtCalifornia Supreme Court · 1969
  2. Heisler v. StateAppellate Division of the Supreme Court of the State of New York · 1980
  3. Schauf v. City of New YorkNew York Supreme Court · 1960
  4. Clark v. CuomoNew York Supreme Court · 1984
  5. Pujolas v. Town of TonawandaAppellate Division of the Supreme Court of the State of New York · 1983

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