Hutson v. Mayor of New York
The Superior Court of New York City
The first of the above cases was argued before Justices Oakley, Mason, and Paine, at the October term, in 1851. The second case was argued before Justices Sandfokd, Mason, and Campbell, at the May term, 1851. Judgment was rendered at December term, 1851, affirming the judgment below in both cases, in accordance with the opinion of a majority of the five justices above named. The principles involved were the same in both cases.
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The first of the above cases was argued before Justices Oakley, Mason, and Paine, at the October term, in 1851. The second case was argued before Justices Sandfokd, Mason, and Campbell, at the May term, 1851. Judgment was rendered at December term, 1851, affirming the judgment below in both cases, in accordance with the opinion of a majority of the five justices above named. The principles involved were the same in both cases. The case of Hutson and wife v. The Mayor, £fc., of New York, was brought to recover damages for injuries sustained by the plaintiff’s wife, in consequence of being…
1Opinion of the Court
By the Court.
Mason, J.
The plaintiffs' right to recover in these cases, is resisted mainly on three grounds. It is contended,
I. That the power and authority of the defendants over roads and highways, and over the avenue in question, at the place where the injury complained of was sustained, is exercised by them only in their character of commissioners of highways ; and that no action will lie at the suit of an individual against commissioners of highways for not repairing.
II. That, admitting the defendants cán and do exercise the power of repairing streets and avenues, as a municipal…
2Cases cited2 opinions
- Bartlett v. CrozierCourt for the Trial of Impeachments and Correction of Errors · 1820
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- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Wilson v. City of WheelingWest Virginia Supreme Court · 1882
- Commissioners of Highways v. MartinMichigan Supreme Court · 1857
- McConnell v. DeweyNebraska Supreme Court · 1877
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