Hyland v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Hyland, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 3d day of March, 1897, upon the decision of the court rendered after a trial at the Monroe Trial Term before the court without a jury, dismissing the plaintiff’s complaint upon the ground that the action was barred by the Statute of Limitations.
1Opinion of the Court
Adams, J.:
The plaintiff brings this action to recover damages for personal injuries which he claims resulted from the defendant’s negligence. The injuries complained of were received September 18,1892. The plaintiff was at that time an infant, but became of age May 18, 1893. The action was commenced April 25, 1896, and the defense is that it is barred by the statute which limits the time within which such an action may be brought to three years from the time the cause of action accrued. (Code Civ. Proc. § 383.)
Had the plaintiff been an adult his right of action would have expired on the 18th…
2Cases cited3 opinions
- In Re the Estate of RogersNew York Court of Appeals · 1897
- Howell v. . LeavittNew York Court of Appeals · 1884
- Dunham v. . SageNew York Court of Appeals · 1873
3Cited by7 opinions
- Gabriel v. GabrielNew York Supreme Court · 1913
- Danziger v. Iron Clad Realty & Trading Co.Appellate Terms of the Supreme Court of New York · 1913
- Gabriel v. GabrielNew York Supreme Court · 1912
- Preusse v. Childwold Park Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Taggart v. Manhattan Railway Co.New York Supreme Court · 1907
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