Ingrosso v. Baltimore & Ohio Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Baltimore and Ohio Railroad Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 26th day of April, 1905, denying the defendant’s motion to stay the prosecution of the above-entitled action until the payment by the plaintiff of costs in a former action.
1Opinion of the Court
McLaughlin, J. :
The plaintiff brought an action in the City Court of the city of Hew York to recover damages for personal injuries alleged to have been sustained by reason of defendant’s negligence. The action subsequently came on for trial on defendant’s notice, and the complaint was dismissed and judgment entered for the defendant against the plaintiff for the sum of sixty-eight dollars and thirty-two cents costs. The plaintiff and his attorney were present in court when the complaint was dismissed, but neglected and refused to proceed with the trial. Thereafter the plaintiff moved to open…
2Cases cited4 opinions
- Barton v. . SpeisNew York Court of Appeals · 1878
- Perkins v. HinmanNew York Supreme Court · 1821
- Cuyler v. VanderwerkNew York Supreme Court · 1800
- Edwards v. Ninth Avenue RailroadNew York Court of Common Pleas · 1860
3Cited by9 opinions
- Wilner v. Independent Order Ahawas IsraelAppellate Division of the Supreme Court of the State of New York · 1907
- Behrens v. SturgesAppellate Division of the Supreme Court of the State of New York · 1910
- Singer v. GarlickAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of FriedmanNew York Surrogate's Court · 1938
- Wolfe v. Blue Ribbon Auto & Carriage Co.Appellate Division of the Supreme Court of the State of New York · 1915
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