Minick v. . City of Troy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 26, 1874, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 19 Hun, 253.) This action was brought to recover damages for injuries alleged to have been received through the negligent omission of defendant to keep one of its streets in repair.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 26, 1874, affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 19 Hun, 253.) This action was brought to recover damages for injuries alleged to have been received through the negligent omission of defendant to keep one of its streets in repair. Plaintiff’s evidence was to the effect that at the time of the accident she was riding in a wagon through Congress street, in the city of Troy; her son, a lad eighteen years old, was…
1Opinion of the CourtDanforth, J.
The plaintiff brought this action to recover damages for personal injuries sustained by her in consequence, as she alleged, of a defect in one of the defendant’s streets. It was therefore necessary for her to show, in the first instance, “ that the claim for which the action was brought was presented to the comptroller, with an abstract of the facts” out of which it arose, and that he did not within sixty days thereafter audit the same. Charter of the City of Troy, T. C., § 10. At the commencement of the trial she put in evidence a petition addressed by her to the mayor and commonalty of the…
2Cases cited1 opinion
- Field v. . FieldNew York Court of Appeals · 1879
3Cited by24 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Taylor v. City of CincinnatiOhio Supreme Court · 1944
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Barto v. StewartWashington Supreme Court · 1899
- Northwestern & Pacific Hypotheek Bank v. StateWashington Supreme Court · 1897
19 more not listed; retrieve them via the Exa API.