Legal Opinion
Cummings v. City of Norwich
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1955PublishedCited by 3 opinions
1Opinion of the CourtHalpern, J.
This case illustrates the need for a tightening up of the practice under which local laws are adopted by municipalities under the home rule provisions of the New York State Constitution (art. IX, § 12) and the City Home Eule Law.
The plaintiff brought an action against the City of Norwich for personal injuries alleged to have been sustained on April 17, 1954, when his automobile ran into deep holes or cave-ins in a public highway in the city. It is alleged that the pavement at the place in question had been allowed “ to be and remain in an unsafe and dangerous condition ” and that “ the said…
2Cases cited8 opinions
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Fullerton v. City of SchenectadyNew York Court of Appeals · 1955
- Fullerton v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1955
- Ellis v. City of GenevaAppellate Division of the Supreme Court of the State of New York · 1940
- Ellis v. City of GenevaNew York Court of Appeals · 1942
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3Cited by3 opinions
- Filsno v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1960
- Preble Aggregate, Inc. v. Town of PrebleAppellate Division of the Supreme Court of the State of New York · 1998
- Richardson v. City of LockportNew York Supreme Court · 1956