O'Connell v. Clark
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by James O’Connell against John T. Clark and another for injuries received while unloading defendants’ vessel. Judgment dismissing plaintiff’s complaint at the close of his evidence, and plaintiff appeals.
1Opinion of the CourtWoodward, J.
This case has been before this court on three occasions prior to the present; twice on appeals from judgments in favor of the plaintiff (6 App. Div. 33, 39 N. Y. Supp. 454; 22 App. Div. 466, 48 N. Y. Supp. 74), and once upon an appeal from an order permitting the plaintiff to amend his complaint (41 App. Div. 631, 59 N. Y. Supp. 111). This last appeal modified the order permitting the amendment of the complaint upon terms, which have not been complied with, and the case is thus presented upon the original pleadings. This court has twice held that, under the pleadings as they now stand, the…
2Cases cited3 opinions
- In re CooganNew York Supreme Court · 1899
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1897
- O'Connell v. ClarkAppellate Division of the Supreme Court of the State of New York · 1896