Goillotel v. . Mayor, Etc., City of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made February 3, 1879, which affirmed a judgment in favor of defendant, entered upon an order setting aside a verdict and judgment thereon in favor of plaintiff and dismissing the complaint.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, entered upon an order made February 3, 1879, which affirmed a judgment in favor of defendant, entered upon an order setting aside a verdict and judgment thereon in favor of plaintiff and dismissing the complaint. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff by reason of the neglect of defendant to keep a sidewalk upon one of its streets in repair. The cause of action accrued in March, 1873; the action was commenced in March,…
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 operate retrospectively, 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 cited1 opinion
- Ely and Others v. . HoltonNew York Court of Appeals · 1857
3Cited by14 opinions
- Hopkins v. . Lincoln Trust Co.New York Court of Appeals · 1922
- Bailey v. KincaidNew York Supreme Court · 1890
- Mason v. HenryNew York Supreme Court · 1895
- First National Bank v. BissellNew York Circuit Court · 1889
- Thacher v. Board of SupervisorsNew York Supreme Court · 1897
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