Rauber v. Village of Wellsville
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Wells ville, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of tire county of Allegany on the 10th day of October, 1902, upon the verdict of a jury for $385, and also from an order entered in said clerk’s office on the 8th day of October, 1902, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
This action was brought by plaintiff to recover damages claimed to have been sustained by a fall upon a defective sidewalk in the village of Wells ville, which was negligently permitted to exist by said defendant.
The only questions presented for our consideration upon this appeal relate to the sufficiency of the notice of claim served by respondent, and in regard to which the learned trial justice made rulings which, in our opinion, constitute such error as to call for reversal of the judgment appealed from.
Section 322 of the Village Law (Laws of 1897, chap. 414) provides that no…
2Cases cited10 opinions
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- Werner v. . City of RochesterNew York Court of Appeals · 1896
- Borst v. Town of SharonAppellate Division of the Supreme Court of the State of New York · 1898
- Barry v. Village of Port JervisAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by7 opinions
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
- Cotriss v. Village of MedinaAppellate Division of the Supreme Court of the State of New York · 1910
- Haggard v. City of Arkansas CitySupreme Court of Kansas · 1924
- City of Fort Wayne v. BenderIndiana Court of Appeals · 1914
- Forseyth v. City of OswegoAppellate Division of the Supreme Court of the State of New York · 1905
2 more not listed; retrieve them via the Exa API.