Cole v. Mahoney
New York Court of Common Pleas
Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury and from an order affirming an order denying a motion for a new trial. On May 8th, 1882, the canal boat Emma was lying at a certain bulkhead in the port of New York, in charge of the defendant Mahoney. On that day one of the harbor masters of said port ordered Mahoney to remove the boat from the place at which she was stationed.
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Appeal from a judgment of the General Term of the City Court of New York affirming a judgment of that court entered upon the verdict of a jury and from an order affirming an order denying a motion for a new trial. On May 8th, 1882, the canal boat Emma was lying at a certain bulkhead in the port of New York, in charge of the defendant Mahoney. On that day one of the harbor masters of said port ordered Mahoney to remove the boat from the place at which she was stationed. He refused and neglected to obey said order. The plaintiff then brought this action, setting up in his complaint the facts…
1Opinion of the CourtLarremore, J.
At the commencement of the trial the defendant moved to dismiss the complaint “ as not stating facts sufficient to constitute a cause of action,” and upon the further ground that the statute under which it was brought was not properly pleaded. The motion was denied and the defendant excepted.
In this there was no error, for the court was bound to take judicial notice of chapter 487 of the Laws of 1862.
The judge submitted the question of fact to the jury, whether or not the plaintiff showed or exhibited to the defendant a copy of the law above referred to, as required by the 15th section…
2Cases cited2 opinions
- Hartung v. . the PeopleNew York Court of Appeals · 1860
- Church v. RhodesNew York Supreme Court · 1851