Legal Opinion

McCarthy v. R. G. Packard Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1905PublishedCited by 7 opinions

Appeal by the defendant, the B. G. Packard Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 28th day of Hovember, 1904, upon the decision of the court, rendered after a trial at the Hew York Special Term, overruling the defendant’s demurrer to the amended complaint.

1Opinion of the Court

Ingraham, J.:

This action is to recover the damages sustained by the next of kin of one Thomas McCarthy caused by his death. The defendant demurred to the complaint upon the grounds that the court had not jurisdiction of the subject of the action and that the complaint did not state facts sufficient to constitute a cause of action.

The complaint alleges that the defendant was a foreign corporation organized and existing under the laws of the State-of Hew Jersey; that on or about the 22d day of April, 1903, it was engaged in dredging the river bed and carrying on certain other work and…

2Cases cited4 opinions

  1. Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
  2. Barrett v. . PalmerNew York Court of Appeals · 1892
  3. Madden v. ArnoldAppellate Division of the Supreme Court of the State of New York · 1897
  4. Madden v. . ArnoldNew York Court of Appeals · 1900

3Cited by7 opinions

  1. People ex rel. Kernan v. KernanAppellate Division of the Supreme Court of the State of New York · 1936
  2. Kaufman v. . HopperNew York Court of Appeals · 1917
  3. State ex rel. Grays Harbor Construction Co. v. Department of Labor & IndustriesWashington Supreme Court · 1932
  4. In re the Arbitration between Beagle & Motor Vehicle Accident Indemnification Corp.Appellate Division of the Supreme Court of the State of New York · 1966
  5. Claim of Seerman v. Lustig & Weil, Inc.Appellate Division of the Supreme Court of the State of New York · 1937

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