McDonald v. City of Troy
New York Supreme Court
Appeal from circuit court, BensseJaer county. Action by James McDonald against the city of Troy, for personal injuries sustained by driving at night into a pile of building material left in the street. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtLandon, J.
Objection is taken that the plaintiff did not present his claim to the comptroller of the city pursuant to the requirements of the charter. Chapter 129, Laws 1872, tit. 6, § 10. The attorney for the plaintiff prepared the original claim, and presented a copy of it to the comptroller, at the same time stating that he had the original with him, and partly exhibiting it to the comptroller, and asking him if that was all he wanted, to which the comptroller replied, “Yes.” This was a substantial compliance with the terms of the charter. The original was not withheld. The comptroller clearly couldl…
2Cases cited2 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Magee v. City of TroyNew York Supreme Court · 1888
3Cited by2 opinions
- Aimee Realty Co. v. HallerMissouri Court of Appeals · 1907
- Ruprecht v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905