Hutson and Wife Against the Mayor, &C., of New-York; Carlin and Harriman Against the Same.

Summary

The New York Court of Appeals affirmed the lower courts' judgments, holding that the City of New York, as a municipal corporation, is bound to keep its public streets in safe repair and is liable for injuries caused by its negligent failure to do so. The court reasoned that even though the statutory grant of power is permissive, the execution of that power constitutes an enforceable duty.