Forsyth v. . City of Oswego
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for á new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 23, 1906, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for á new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in instructing the jury that the plaintiff had three months from the time he was mentally able to act in which to file the required petition or claim with said defendant, and that if they found that he had so filed they should render a verdict for the…
1Opinion of the CourtWerner, J.
The plaintiff was injured by .being thrown from a wagon while driving upon one of the defendant’s public streets. He brought his action upon a complaint containing allegations of negligence against the defendant in its maintenance of the particular street, and asseverating plaintiff’s freedom from contributory negligence. He recovered a verdict and the judgment entered upon it has been affirmed by a divided Appellate Division. We have examined the record and are satisfied that the judgment is not without the support of evidence. Thus we are precluded from disturbing the judgment upon the…
2Cases cited3 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Walden v. . City of JamestownNew York Court of Appeals · 1904
3Cited by50 opinions
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
- Whiteside v. North American Accident InsuranceNew York Court of Appeals · 1911
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
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