Corbett v. Twenty-Third Street Railway Co.
New York Court of Appeals
Motion to revive and continue. The action was brought to recover damages for personal injuries. On trial at circuit the court nonsuited plaintiff. From the judgment entered thereon plaintiff appealed to the General Term, which reversed the judgment and ordered a new trial. Defendant appealed from the order to this court giving the requisite stipulation for judgment absolute in case of affirmance. After the appeal was perfected the plaintiff died.
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Motion to revive and continue. The action was brought to recover damages for personal injuries. On trial at circuit the court nonsuited plaintiff. From the judgment entered thereon plaintiff appealed to the General Term, which reversed the judgment and ordered a new trial. Defendant appealed from the order to this court giving the requisite stipulation for judgment absolute in case of affirmance. After the appeal was perfected the plaintiff died. The motion is properly-made to this court. (Code of Civil Pro. § 1299.) There having been two decisions in this case before the death of the…
1Opinion of the Court
Follett, Ch. J.
This action is for a recovery of damages for a personal injury (Code of Civ. Pro. § 1343, subd. 9), and the rule of the common law that such an action abates on the death of the plaintiff is not changed by section 164 of the Code of Civil Procedure, unless a verdict, report or decision has been rendered upon the issues. ¡Neither a verdict nor a report has been rendered in this action. The word “ decision,” as used in this section, refers to a decision made by a court upon a trial of issues without a jury. (Code of Civ. Pro. § 1343, subd. 5.) This action was not tried by the…
2Cited by9 opinions
- Martin's Administrator v. Baltimore & Ohio RailroadSupreme Court of the United States · 1894
- Vermont Marble Co. v. EastmanSupreme Court of Vermont · 1917
- Iron Gate Bank v. BradySupreme Court of the United States · 1902
- Cooper v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1893
- Vitto v. FarleyAppellate Division of the Supreme Court of the State of New York · 1896
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