Scott v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Scott, an infant, by Alexander H. Orosbie, his guardian ad litem, from an order and judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 11th day of December, 1897, upon the dismissal of the complaint by direction of the court on the opening of the plaintiff’s counsel at the Hew York Trial Term.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover damages for injuries inflicted upon the plaintiff by two persons in the employ of the department of public works in the bureau of incumbrances. Upon the trial the complaint was dismissed and an appeal is taken from the judgment entered upon that dismissal. Where a. complaint is dismissed on the opening of the counsel, all the facts alleged in the complaint and those referred tó in the opening should be considered, even although they are not stated in the complaint, unless. they are objected to upon the specific ground that they are not admissible…
2Cases cited5 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Turner v. . City of NewburghNew York Court of Appeals · 1888
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Clews v. Bank of New York National Banking Ass'nNew York Court of Appeals · 1887
3Cited by5 opinions
- Borrowe v. CorbinAppellate Division of the Supreme Court of the State of New York · 1898
- Oakeshott v. SmithAppellate Division of the Supreme Court of the State of New York · 1905
- Barry v. Union Railway Co.Appellate Division of the Supreme Court of the State of New York · 1905
- People v. SchlesingerAppellate Division of the Supreme Court of the State of New York · 1902
- Electric Power Co. v. Mayor of New YorkNew York Supreme Court · 1899