Smith v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Cora Smith, an infant, by Hattie Smith» her guardian ad litem, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the -6th day of April, 1903, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
1Opinion of the Court
McLaughlin, J.:
This'action was brought to recover damages for personal in juries. The complaint, among other things, alleged that at a time stated» and, prior to the commencement of the action, the plaintiff presented a claim in writing to the comptroller of the city of-New York for an adjustment of the damages claimed;. that more than thirty days had elapsed since said claim was presented, and that the comptroller had neglected and refused to make any adjustment or payment thereof. This allegation of the complaint was put in issue by the answér.
At the trial, after a jury had been impaneled,…
2Cases cited6 opinions
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- Pulitzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Shaw v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by5 opinions
- Mack Paving Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1911
- Flaxman v. City of New YorkNew York Supreme Court · 1916
- Goldberg v. County of WestchesterNew York Supreme Court · 1951
- Lamay v. City of FultonNew York Supreme Court · 1905
- Zimmerman v. City of New YorkCity of New York Municipal Court · 1944