Missano v. Mayor of New York
New York Court of Appeals
■ Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1897, upon an order reversing a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinions.
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■ Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 1, 1897, upon an order reversing a judgment in favor of plaintiffs entered upon a verdict and an order denying a motion for a new trial, and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinions. The municipality is liable for the acts and omissions of the officers and employees of the department of street cleaning. (Dillon on Mun. Corp. [4th ed.] §§ 56, 58, 64, 66, 974, 980, 1017, 1018, 1023; Conrad v. Vil. of…
1Opinion of the CourtBartlett, J.
This action was Drought to recover damages for the death of a child, who was run over and killed by a horse attached to an ash cart of the street cleaning department of the defendant.
Two questions were argued before us on this appeal. - The first, whether plaintiffs complied with the provisions of chapter 572 of the Laws of 1886, requiring a filing with the corporation counsel of a notice of intention to commence the action; the second, whether the city of Mew York is liable for the alleged negligent act of an employee of the department of street cleaning ?
The first question only was…
2Cases cited8 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Barnes v. District of ColumbiaSupreme Court of the United States · 1876
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Davenport v. . RuckmanNew York Court of Appeals · 1868
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3Cited by88 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Scibilia v. PhiladelphiaSupreme Court of Pennsylvania · 1924
- Augustine v. Town of BrantNew York Court of Appeals · 1928
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Walden v. . City of JamestownNew York Court of Appeals · 1904
83 more not listed; retrieve them via the Exa API.