Williams v. Village of Port Chester
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Port Chester, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 14th day of January, 1902, upon the decision of the court rendered after a trial at the Westchester Special Term overruling a demurrer to the complaint.
1Opinion of the Court
Woodward, J.:
The plaintiff seeks to recover damages-resulting from a fall upon an icy sidewalk of the defendant. The defendant demurs on the ground that the complaint does not state facts sufficient to constitute a cause of action, and the demurrer has been overruled. The defendant appeals to this court.
The immediate question involved and argued upon this appeal is whether the complaint alleges timely notice to the village in accordance with section 16, title 7 of the village charter (Laws of 1868, chap. 818, added by Laws of 1894, chap. 623), which provides that no action of this character…
2Cases cited34 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Terry v. AndersonSupreme Court of the United States · 1877
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Bartemeyer v. IowaSupreme Court of the United States · 1874
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3Cited by11 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
- Stierle v. RohmeyerWisconsin Supreme Court · 1935
- Williams v. Village of Port ChesterAppellate Division of the Supreme Court of the State of New York · 1904
- Herkey v. Agar Manufacturing Co.New York Supreme Court · 1915
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