Magee v. City of Troy
New York Supreme Court
Appeal from circuit court, Rensselaer county. Appeal by the defendant from a judgment in favor of the plaintiff, entered upon a verdict of a jury at the Rensselaer circuit; also from the order denying a motion for a new trial, made upon the minutes. The action was to recover for injuries alleged to have been sustained by the plaintiff in consequence of the negligence of the defendant.
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Appeal from circuit court, Rensselaer county. Appeal by the defendant from a judgment in favor of the plaintiff, entered upon a verdict of a jury at the Rensselaer circuit; also from the order denying a motion for a new trial, made upon the minutes. The action was to recover for injuries alleged to have been sustained by the plaintiff in consequence of the negligence of the defendant. On the 24th of October, 1881, the plaintiff, who is a physician residing on Fourth street, in the city of Troy, started to visit a patient residing in Lansingburgh. On his way, he passed up Vail avenue, which is…
1Opinion of the CourtLandon, J.
The recovery by'the plaintiff seems to be right upon the merits. The main question presented by the appeal is whether he ought to be deprived of it because of the errors assigned.
The charter of the city of Troy provides: “No civil action shall be maintained against the city, by any person, for injuries to person or property, unless it appear that the claim for which the action was brought was presented to the comptroller, with an abstract of the facts out of which the cause of action arose, duly verified by the claimant, and that said comptroller did not, within sixty days thereafter, audit…
2Cases cited9 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Rehberg v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1883
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3Cited by4 opinions
- Richmond Gas Co. v. BakerIndiana Supreme Court · 1897
- Denair v. City of BrooklynNew York City Court · 1889
- McDonald v. City of TroyNew York Supreme Court · 1891
- Ruprecht v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905