Karr v. Village of Alfred
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Alfred, hi. T., from a judgment of the Supreme Court in favor' of the plaintiff, entered in the office of the clerk of the county of Allegany on the 19th day of January, 1911, upon the verdict of a jury for $2,500, and also from an order entered in said clerk’s office on the 14th day of February, 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Williams, J.:
The judgment and order should be reversed and a new trial granted, with costs to appellant to abide event.
The action was negligence. The accident was a fall on a defective sidewalk. It occurred September 1, 1907. The boy was only eight years of age. The Village Law (Laws of 1897, chap. 414, § 322) then provided: “No action shall be maintained against the village for damages for a personal injury, or an injury to property, alleged to have been sustained by reason of the negligence of the village, or of any officer, agent or employe thereof, unless the same shall be commenced…
2Cases cited1 opinion
- Gates v. . StateNew York Court of Appeals · 1891
3Cited by4 opinions
- Puget Sound Navigation Co. v. Department of Public WorksWashington Supreme Court · 1929
- Claim of Cheesman v. CheesmanAppellate Division of the Supreme Court of the State of New York · 1922
- Christian v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1957
- State Ex Rel. Northeast Transportation Co. v. SchaafWashington Supreme Court · 1939