Legal Opinion

Johnson v. City of Troy

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

Decided January 15, 1898PublishedCited by 8 opinions

Appeal by the plaintiff, James Johnson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of .the cleric of the county of Rensselaer on the 10th day of June, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Rensselaer Trial Term, and also from an order bearing date the 19th day of May, 1897 and entered in said clerk’s office denying the plaintiff’s motion for a new trial.

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Appeal by the plaintiff, James Johnson, from a judgment of the Supreme Court in favor of the defendant, entered in the office of .the cleric of the county of Rensselaer on the 10th day of June, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Rensselaer Trial Term, and also from an order bearing date the 19th day of May, 1897 and entered in said clerk’s office denying the plaintiff’s motion for a new trial. The action was brought to recover damages for personal injuries resulting to the plaintiff, who, while driving in the public streets of the…

1Opinion of the Court

Herrick, J.:

By section 19 of title 10, chapter 670 of the Laws of 1892, being the charter of the city of Troy, it is provided that no civil action shall be maintained against the city of Troy for damages for injury to person or property unless the plaintiff shall have previously presented to the comptroller a statement “stating, among other things, the residence by street and number of the claimant.”

The statement presented to the comptroller in this case merely gave the residence of the claimant as being in the city of Troy, stating neither the street or number of the street where the…

2Cited by8 opinions

  1. Collins v. City of SpokaneWashington Supreme Court · 1911
  2. Hase v. City of SeattleWashington Supreme Court · 1908
  3. Mears v. City of SpokaneWashington Supreme Court · 1900
  4. Rauber v. Village of WellsvilleAppellate Division of the Supreme Court of the State of New York · 1903
  5. Gold v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 1924

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