Bretz v. Mayor of New York
The Superior Court of New York City
Appeal from an order overruling a demurrer. The plaintiff brought this action to recover damages for personal injuries sustained by him from being thrown from his carriage in consequence of obstructions left by the agents of the defendants in the Eighth Avenue in the city of Hew York. The defendants demurred to the complaint.
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Appeal from an order overruling a demurrer. The plaintiff brought this action to recover damages for personal injuries sustained by him from being thrown from his carriage in consequence of obstructions left by the agents of the defendants in the Eighth Avenue in the city of Hew York. The defendants demurred to the complaint. The only ground of demurrer urged, was, that since the enactment of 2 Laws of 1867, 1,606, ch. 586, § 6,—giving the supreme court in the first district exclusive jurisdiction of actions against the city,—the superior court could not take jurisdiction of such a cause. At…
1Opinion of the Court
By the Court.—Garvin, J.
This case conies before us on an appeal from an order made at special term overruling a demurrer to the complaint, and ordering judgment for the plaintiff. The defendants insist that this court has no jurisdiction of the action, claiming that section 6 of Laws of 1867, chapter 586, in all actions against the mayor, aldermen, &c. of the city of Few York, confers exclusive jurisdiction upon the supreme court, and thus precludes this court from entertaining the case. The plaintiff contends that the statute is private and local, and not being set out or referred to in the…
2Cases cited3 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- Williams v. . the PeopleNew York Court of Appeals · 1862
3Cited by2 opinions
- Kosters v. National Bank of AuburnNew York Supreme Court · 1909
- McLain v. The Mayor of the City of New YorkNew York Court of Common Pleas · 1869