Campbell v. Gallagher
The Superior Court of the City of New York and Buffalo
Action by William F. Campbell, an infant, by guardian ad litem, against one Gallagher and others, for assault and battery and false imprisonment. At the trial an order was made dismissing the complaint, and awarding costs against plaintiff. Pending an appeal from this order, plaintiff died; and Sarah Ann Campbell, who was appointed and qualified as his administratrix, moves to revive the action in her name.
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Action by William F. Campbell, an infant, by guardian ad litem, against one Gallagher and others, for assault and battery and false imprisonment. At the trial an order was made dismissing the complaint, and awarding costs against plaintiff. Pending an appeal from this order, plaintiff died; and Sarah Ann Campbell, who was appointed and qualified as his administratrix, moves to revive the action in her name. Section 1296 provides: “A person-aggrieved, who is not a party, but is entitled by law to be substituted in place of a party; or who has acquired, since the making of the order or the…
1Opinion of the CourtDugro, J.
The administratrix of the plaintiff’s estate moves that she be substituted plaintiff, and that the action, which is for damages for personal-injuries, be revived and continued in her name as such administratrix. Upon the trial the plaintiff was nonsuited, and judgmetit entered accordingly, with costs. Pending an appeal to the general term, the plaintiff died. It appears that the sole design for a revival and continuance of the action is that the appeal from the judgment may be prosecuted, and so the plaintiff’s representative be afforded an opportunity of relieving herself from liability for…
2Cases cited3 opinions
- Ross v. . WiggNew York Court of Appeals · 1885
- Corbett v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
- Beach v. GregoryNew York Court of Common Pleas · 1855