Duff v. Mayor of New York
The Superior Court of the City of New York and Buffalo
Exceptions from jury term. Action by Fannie J. Duff against the mayor, aldermen, and commonalty of the city of Yew York for personal injuries caused by stepping into a hole which defendants negligently suffered to exist in a cross-walk at the intersection of two streets.
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Exceptions from jury term. Action by Fannie J. Duff against the mayor, aldermen, and commonalty of the city of Yew York for personal injuries caused by stepping into a hole which defendants negligently suffered to exist in a cross-walk at the intersection of two streets. The injuries complained of were received June 4, 1888, and, after the presentation of plaintiff’s claim to the comptroller of the city, and his neglect or refusal to pay the same, this action was begun October 31, 1888. At the trial defendants’ counsel moved to dismiss the complaint on the ground that plaintiff had failed to…
1Per curiam
We are disposed to apply the reasoning in Meyer v. Mayor, etc., 14 Daly, 395, and Denair v. City of Brooklyn, (City Ct. Brook.) 5 N. Y. Supp. 835, to the facts of this case. The intent of the legislature must be .sought, and governs. The act of 1886, and surrounding circumstances, cause *864the opinion that it was not the legislative intent that a notice of intention oilier than sucli as is conveyed by the service of a summons and complaint should lie required to be tiled in cases where the action is brought within six months of the time when the cause of action accrued. Reining v. City of…
2Cases cited4 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Babcock v. Mayor of New YorkNew York Supreme Court · 1890
- Denair v. City of BrooklynNew York City Court · 1889
- Meyer v. MayorNew York Court of Common Pleas · 1888
3Cited by1 opinion
- Bauer v. City of BuffaloNew York Supreme Court · 1892