Legal Opinion
National Lead Co. v. City of New York
Court of Appeals for the Second Circuit
Decided July 21, 1930No. 323PublishedCited by 2 opinions
1Opinion of the CourtChase, Circuit Judge
(after stating the facts as above).
On this appeal the negligence of the city may be taken for granted, as it relies wholly on the defense of want of notice of claim within the time provided by law. Section 261 of the Greater New York Charter (Laws N. Y. 1912, e. 452, amending Laws 1901, e. 466, § 261, as amended) provided that:
“No action or special proceeding, for any cause whatever, shall be prosecuted or maintained against the city of New York, unless it shall appear by and as an allegation m the complaint or necessary moving papers that at least thirty days have elapsed since the demand,…
2Cases cited16 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Secor v. . SturgisNew York Court of Appeals · 1858
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- United States Ex Rel. Louisville Cement Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1918
- United States v. TaylorSupreme Court of the United States · 1881
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3Cited by2 opinions
- Westfall v. Caterpillar, Inc.Idaho Supreme Court · 1991
- Westfall v. Caterpillar, Inc.Idaho Supreme Court · 1991