Watson v. Forty-Second Street & Grand Street Ferry Railroad
New York Court of Appeals
Appeal from, judgment of the General Term of the Superior Court of the city of New York, made at the November term, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 16 J. & S.- 44.) The nature of the action and the facts pertinent to the question discussed are stated in the opinion. The court erred in holding that the right of action was not barred by the statute which governed before the Code of Civil Procedure took effect.
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Appeal from, judgment of the General Term of the Superior Court of the city of New York, made at the November term, 1881, which affirmed a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 16 J. & S.- 44.) The nature of the action and the facts pertinent to the question discussed are stated in the opinion. The court erred in holding that the right of action was not barred by the statute which governed before the Code of Civil Procedure took effect. (Code of Procedure, § 94; Laws of 1876, chap. 431, § 7; McCluny v. Silliman, 3 Peters, 270; Sedgwick on Stat. and Const.…
1Opinion of the CourtDanforth, J.
By reason of the defendant’s negligence the plaintiff was injured on the 18th day of April, 1877, and on the 15th day of January, 1880, commenced this action for the recovery of damages then sustained. At the trial the only defense relied upon was the statute of limitations, and that being overruled, the jury rendered a verdict in her favor.
The trial court committed no error. At the time of the injury such cause of action could be prosecuted only within one year after it accrued (Laws of 1876, chap. 431, § 7), but by the Code of Civil Procedure (Chap. 4, title 2, § 383, subd. 5), the period…
2Cases cited1 opinion
- Acker v. . AckerNew York Court of Appeals · 1880
3Cited by6 opinions
- Webber v. Herkimer & Mohawk Street RailroadNew York Court of Appeals · 1888
- Chisholm v. Cherokee-Seminole S. S. Corp.District Court, S.D. New York · 1940
- Harrington v. AndersonColorado Court of Appeals · 1913
- Harrington v. AndersonColorado Court of Appeals · 1913
- Bentz v. StateNew York Court of Claims · 1951
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