Taylor v. Brooklyn Elevated Railroad
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn made November 25, 1889, which affirmed ap order of Special Term directing payment to plaintiff of an amount deposited with the court in this action. This action was brought to recover damages foi personal injuries alleged to have been caused by defendant’s negligence. The trial resulted in a verdict for defendant. The facts, so far as material to the questions discussed, are stated in the opinion.
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Appeal from order of the General Term of the City Court of Brooklyn made November 25, 1889, which affirmed ap order of Special Term directing payment to plaintiff of an amount deposited with the court in this action. This action was brought to recover damages foi personal injuries alleged to have been caused by defendant’s negligence. The trial resulted in a verdict for defendant. The facts, so far as material to the questions discussed, are stated in the opinion. Before the trial of this action the defendant, upon an'affidavit of a previous tender on its behalf in full liquidation of…
1Opinion of the CourtGray, J.
We think the order was right. The moneys belonged to the plaintiff from the moment of their deposit, by force of their payment into court under this order.. The provisions of the Code permit this procedure by a defendant, in all actions brought for the recovery either of a sum certain, or of damages for a casual, or involuntary, personal injury. They provide for the tender of such a sum of money, as the defendant conceives to be sufficient to make amends for the injury, together with the costs to date. The appellant’s *564counsel contends, however, for a distinction between a tender of amends, as…
2Cases cited2 opinions
- Slack v. BrownNew York Supreme Court · 1835
- Hoover v. . GreenbaumNew York Court of Appeals · 1874
3Cited by3 opinions
- Wells v. Missouri-Edison Electric Co.Missouri Court of Appeals · 1904
- Beil v. Supreme CouncilAppellate Division of the Supreme Court of the State of New York · 1899
- Mann v. SproutAppellate Division of the Supreme Court of the State of New York · 1905