Bauer v. City of Buffalo
New York Supreme Court
Appeal from special term, Erie county. Action by Theresa Bauer, administratrix, etc., of Lorenz Bauer, deceased, against the city of Buffalo for damages for negligent killing of plaintiff’s intestate. From a judgment for plaintiff, and from an order denying a motion for a new trial, defendant appeals.
1Opinion of the CourtLewis, J.
This action was brought to recover damages sustained by the death of Lorenz Bauer, caused by the alleged negligence of the defendant. The evidence tended to show that the deceased’s death was caused by the defective condition of one of the streets of the city of Buffalo. There was sufficient evidence to justify the jury in finding that the defendant’s negligence caused the injuries, and that Bauer was free from negligence contributing thereto. The principal contention arises under chapter 572 of the Laws of 1886, which provides that no action against a city of this state, having 50,000…
2Cases cited3 opinions
- Merz v. City of BrooklynNew York City Court · 1890
- Meyer v. MayorNew York Court of Common Pleas · 1888
- Duff v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1891
3Cited by1 opinion
- Arthur v. Village of Glens FallsNew York Supreme Court · 1892