Roblee v. Town of Indian Lake
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Isaac Roblee, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Warren on the 23d day of June, 1896, upon the dismissal of the complaint directed by the court upon the opening of the counsel for the plaintiff on a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Warren.
1Opinion of the Court
Merwin, J.:
The dismissal was upon the pleadings and the opening of the counsel for the plaintiff. In such a case the facts stated in the complaint are to be considered, and also' such further facts as in the opening are offered to be proved, unless objection to such proof is made on the specific ground that it is not admissible under the pleadings. (Clews v. N. Y. Nat. Banking Association, 105 N. Y. 398; Rector, etc., v. Huntington, 82 Hun, 125.)
In the complaint it is alleged, in substance, as follows:
On the 9th of July, 1895, the plaintiff was traveling in a two-horse wagon over a highway in…
2Cases cited5 opinions
- Oldfield v. . the N.Y. and Harlem R.R. Co.New York Court of Appeals · 1856
- Edgerton v. . New York Harlem R.R. Co.New York Court of Appeals · 1868
- Clews v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1887
- Rector of St. James' Church v. HuntingtonNew York Supreme Court · 1894
- Edgerton v. New York & Harlem Rail RoadNew York Supreme Court · 1861
3Cited by8 opinions
- Quinn v. Town of SemproniusAppellate Division of the Supreme Court of the State of New York · 1898
- Powell v. Cohoes Railway Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Robinson v. Ocean Steamship Co. of SavannahAppellate Division of the Supreme Court of the State of New York · 1914
- Schell v. Town of German FlatsNew York Supreme Court · 1907
- Anderson v. McNulty Bros.Appellate Division of the Supreme Court of the State of New York · 1912
3 more not listed; retrieve them via the Exa API.