Winter v. . City of Niagara Falls
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 30, 1907, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. This action was brought by the plaintiff to recover damages: for injuries sustained by him, which are alleged to have been caused by the negligence of the defendant’s servants.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 30, 1907, which reversed an interlocutory judgment of Special Term sustaining a demurrer to the complaint and overruled such demurrer. This action was brought by the plaintiff to recover damages: for injuries sustained by him, which are alleged to have been caused by the negligence of the defendant’s servants. The complaint sets forth that the plaintiff, in May 1901, was driving through one of the streets of the city, when a steam roller, operated by one of its…
1Opinion of the CourtGray, J.
Upon the face of this complaint, it appears that more than three years had elapsed after the plaintiff sustained his injuries and before he presented a claim for damages to the defendant; but the majority of the learned justices of the Appellate Division were of the opinion that the defendant had waived compliance with a provision of its charter, which would have barred the action. The charter of the defendant provided that “all claims for damages founded upon alleged negligence of the city shall be presented to the common council, in writing, within thirty days after the occurrence causing…
2Cases cited3 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Oakley v. . MortonNew York Court of Appeals · 1854
3Cited by111 opinions
- Cohen v. Pearl River Union Free School DistrictNew York Court of Appeals · 1980
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Martin v. School Board of Union Free District No. 28New York Court of Appeals · 1950
- Russo v. City of New YorkNew York Court of Appeals · 1932
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