Elsey v. International Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the International Railway Company, from an order of the County Court of Niagara county, entered in the office of the clerk of the county of Niagara on the 23d day of December, 1903, directing the assessment of damages in open court by a jury to be drawn from the regular panel of jurors.
1Opinion of the Court
Spring, J.:
The plaintiff sued the defendant in County Court in negligence to to recover for personal injuries sustained by him. The defendant appeared in the action, but did not answer. Default having been made, the plaintiff applied upon notice for judgment pursuant to section 1214 of the Code of Civil Procedure. The court entertained the application and ordered that a writ of inquiry issue directed to the sheriff of the county to ascertain the damages of the plaintiff in the action; that the sheriff attend at the courthouse on a day. specified ; that the writ be executed in open court, the…
2Cases cited2 opinions
- Bossout v. Rome, Watertown & Ogdensburg R. R. Co.New York Court of Appeals · 1892
- Ellsworth v. ThompsonNew York Supreme Court · 1835
3Cited by2 opinions
- McClelland v. Climax Hosiery MillsNew York Court of Appeals · 1930
- Bornstein v. FadenNew York Supreme Court · 1914