Dobson v. Village of Oneida
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Oneida, from an order of the Supreme Court, made at the Madison Special Term and entered in the office of the clerk of the county of Madison on the 27th day of September, 1904, setting aside a nonsuit and granting the plaintiff’s motion for a new trial of the action.
1Opinion of the Court
Chester, J.:
The action is for damages for personal' injuries received by the plaintiff by falling upon an alleged defective sidewalk in the defendant village. At the close of all the proof upon the trial the court granted the defendant’s motion for a dismissal of the complaint solely upon the ground that the plaintiff had not presented notice of her claim to the president or board of trustees of the defendant, as required by law. The court afterwards granted an order setting aside such dismissal and granted plaintiff’s motion for a new trial upon the minutes, and from such order this appeal…
2Cases cited3 opinions
- People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
- McIntee v. City of MiddletownAppellate Division of the Supreme Court of the State of New York · 1903
- Mark v. Village of West TroyNew York Supreme Court · 1893
3Cited by1 opinion
- Goakes v. City of OneidaAppellate Division of the Supreme Court of the State of New York · 1917