New York Court of Appeals

Charles MacMullen, Respondent v. City of Middletown, Appellant

January 8, 1907187 N.Y. 37

Summary

The Court held that the charter provision requiring written notice before a citizen may sue the city for injuries caused by snow or ice on sidewalks is a valid exercise of legislative power and does not violate the Constitution. Because the plaintiff's complaint did not allege that such notice was given, the demurrer was sustained and the lower court's judgment was reversed, allowing the city judgment sustaining the demurrer with costs.