Spooner v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 29,1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 29,1886, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The motion for a nonsuit should have been. granted, as the action was improperly brought in the name of the guardian ad litem, and the error is one that cannot be cured by amendment. (Code, §§ 449, 468, 499, 1910; Anon., 2 Hill, 417; Darrin v. Hatfield,…
1Opinion of the CourtFinch, J.
This action was for negligence, and resulted in a verdict against the defendant of $20,000. The General Term, which had authority to consider and question its amount, has affirmed it; and our duty is confined to the inquiry whether any errors of law require its reversal.
1. At the. close of plaintiff’s case the defendant moved to dismiss the complaint upon the ground that the action was not brought in the name of the real party in interest. The motion was denied and there was an exception. Ho such objection had been taken by demurrer or answer. If it was apparent upon the face of the…
2Cases cited3 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Chrystal v. . Troy Boston R.R. Co.New York Court of Appeals · 1887
- Smith v. . HallNew York Court of Appeals · 1876
3Cited by13 opinions
- Covino v. Alside Aluminum Supply Co.Appellate Division of the Supreme Court of the State of New York · 1973
- Dixon v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. SimonsIndiana Supreme Court · 1907
- Lillie Mozell Shirey and Ernest D. Shirey v. Louisville & Nashville Railroad CompanyCourt of Appeals for the Fifth Circuit · 1964
- Mobile & Ohio Railroad v. RidleyTennessee Supreme Court · 1905
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