Legal Opinion

McGaffin v. . City of Cohoes

New York Court of Appeals

Decided September 17, 1878PublishedCited by 19 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Eeported below, 11 Hun, 357.) This action was brought to recover damages for injuries alleged to have been caused by the negligence of defendant in not keeping the side-walk upon one of the streets in repair. The action was not commenced until more than one year after the accident.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. (Eeported below, 11 Hun, 357.) This action was brought to recover damages for injuries alleged to have been caused by the negligence of defendant in not keeping the side-walk upon one of the streets in repair. The action was not commenced until more than one year after the accident. The defendant pleaded as a bar the provision of the charter of said city (§ 5, title 13, chap. 912, Laws of 1869), which provides, that…

1Opinion of the Court

Church, Ch. J.

This action is claimed to be barred by the limitation of one year prescribed in the charter of the defendant. (Laws of 1869, p. 2383.) The last clause of section 5 of title 13 of the charter reads as follows : “ And no action against the city on a contract obligation or liability express or implied, shall be commenced except within one year after the cause of action shall have accrued.”

The word “liability” standing by itself in a literal comprehensive sense would include the cause of action involved in this case, which is an action for damages resulting from negligence in not…

2Cases cited3 opinions

  1. Corning & Horner v. McCulloughNew York Court of Appeals · 1847
  2. Howell and Christopher v. . the City of BuffaloNew York Court of Appeals · 1857
  3. McClure v. Board of SupervisorsNew York Supreme Court · 1867

3Cited by19 opinions

  1. In Re the Several Accountings of the Executors of TildenNew York Court of Appeals · 1885
  2. Suter v. Wenatchee Water Power Co.Washington Supreme Court · 1904
  3. O'Neil v. City of RichmondSupreme Court of Virginia · 1925
  4. Mangam v. . the City of BrooklynNew York Court of Appeals · 1885
  5. Dawes v. City of Great FallsMontana Supreme Court · 1904

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