New York Court of Appeals

Joseph Forsyth, Respondent v. the City of Oswego, Appellant

March 31, 1908191 N.Y. 441

Summary

The Court of Appeals reversed the judgment and ordered a new trial, holding that the trial court erred by instructing the jury that the plaintiff was entitled to an automatic three‑month extension from the time he regained mental capacity, and by suggesting that the city waived defects in the plaintiff's claim merely by referring it to its claims committee and hearing the plaintiff.