Johnson v. Duncan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Ernest Johnson and Theodore Johnson, doing business under the firm name of Johnson Brothers, from a judgment of the Municipal Court of the city of New Yorjc, borough of Brooklyn, in favor of the defendants, entered on the 12th day of July, 1904, dismissing the complaint without prejudice to a new action.
1Opinion of the Court
Hirschberg, P. J.:
The court dismissed the complaint, with costs, but without prejudice to a new action, in accordance with the provisions of section 248 of the Municipal Court Act of the City of New York (Laws of 1902, chap. 580). The dismissal was at the close of the plaintiffs’ case, and it must be assumed it was because the plaintiffs had failed in the opinion of the court to prove their cause of action.
The action is to recover damages resulting from a collision between a wagon of the plaintiffs and one belonging to the defendants, which collision it is charged resulted from the negligence…
2Cases cited1 opinion
- Schlesinger v. JudAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- Globe Lithographing Co. v. BimbergAppellate Terms of the Supreme Court of New York · 1905