Toomey v. City of Albany
New York Supreme Court
Appeal from special term, Albany county. Action by James Toomey against the city of Albany. A demurrer to the complaint was sustained, and plaintiff appeals.
1Opinion of the CourtLearned, P. J.
The complaint alleges the incorporation of defendant. It alleges that plaintiff left a horse and sleigh in charge of his son and another in front of an office on Madison avenue, in said city of Albany; that while the sleigh stood there a bob-sleigh, on which were several persons, came at great speed down said avenue, and collided with the sleigh, and broke the same and injured the horse; that, seeing the horse was becoming unmanageable, he attempted to hold the horse, and was thereby injured; He then alleges that such accident was due to the neglect, misconduct, willfulness, and carelessness…
2Cases cited3 opinions
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Pierce v. City of New BedfordMassachusetts Supreme Judicial Court · 1880
- Coonley v. City of AlbanyNew York Supreme Court · 1890
3Cited by3 opinions
- Leonard v. City of HornellsvilleAppellate Division of the Supreme Court of the State of New York · 1899
- Howard v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1898
- Hughes v. Monroe CountyNew York Supreme Court · 1894