Guillotel v. Mayor
New York Court of Appeals
Joseph Gruillotel brought this action, in March, 1877, against the mayor, aldermen, and commonalty of the city of New York, in the court of common pleas in said city, to recover damages for personal injuries sustained in March,. 1873, by reason of defendant’s neglect to keep a sidewalk in repair.
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Joseph Gruillotel brought this action, in March, 1877, against the mayor, aldermen, and commonalty of the city of New York, in the court of common pleas in said city, to recover damages for personal injuries sustained in March,. 1873, by reason of defendant’s neglect to keep a sidewalk in repair. On May 26, 1876, by an act to take effect July 1, 1876 (L. 1876, c. 431, § 7), section 94 of the Code of Procedure, specifying the actions which must be brought within one year, was amended so as to include an action for injury to the person. One of the defenses set up in the answer was that the…
1Opinion of the CourtFinch, J.
The range of argument in this case has extended over the general subject of the power of the legislature to enact laws which "operateretrospectively, and the inherent and natural characteristics in that respect of statutes of limitation. Both sides, however, concede the very plain proposition that an act, capable of such construction, must be assumed to operate prospectively, unless its terms indicate a different intent, and as our conclusion rests upon this admitted rule, we are spared the necessity of following the line of the arguments.
At the adoption of the Code, in 1848-9, the title…
2Cases cited6 opinions
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
- Scarborough v. DuganCalifornia Supreme Court · 1858
- Woodman v. FultonMississippi Supreme Court · 1873
- People v. President of the Williamsburgh Turnpike Road & Bridge Co.New York Court of Appeals · 1872
- Thornton v. TurnerSupreme Court of Minnesota · 1866
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3Cited by1 opinion
- Warner v. BartleNew York Surrogate's Court · 1898