Storey v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by Lawrence E. Storey, administrator, against the mayor, aldermen, and commonalty of the city of New York. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtO’Brien, J.
The action is brought, to recover damages for the death of the plaintiff’s son, a child eight years of age, who whs run over by a butcher’s cart in the street. The ruling of the court was made upon the complaint and the opening of the plaintiff’s counsel, before any evidence was taken; and these should therefore be examined, in determining whether the ruling was right. As counsel’s opening was a repetition, amplified, of the allegations of the complaint, we may consider that, because more favorable to the plaintiff, *581in determining the question presented. In opening to the jury, he stated the…
2Cases cited7 opinions
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Herr v. City of LebanonSupreme Court of Pennsylvania · 1892
- Schafer v. Mayor of New YorkNew York Court of Appeals · 1897
- Behling v. Southwest Penn. Pipe LinesSupreme Court of Pennsylvania · 1894
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3Cited by7 opinions
- Jones v. City of South San FranciscoCalifornia Court of Appeal · 1950
- Smith v. MabreySupreme Court of Missouri · 1941
- Klarquist v. Chamberlain & ProctorCalifornia Court of Appeal · 1932
- Sweet v. Los Angeles Railway Co.California Court of Appeal · 1947
- Bean v. New York Edison Co.Appellate Terms of the Supreme Court of New York · 1905
2 more not listed; retrieve them via the Exa API.