Foley v. Phelps
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Phelps, from an interlocutory judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the clerk of the county of New York on the 29th day of January, 1895, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint, and also from the order or decision entered in said clerk’s office on the 13th day of December, 1895, upon which said…
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Appeal by the defendant, Charles Phelps, from an interlocutory judgment of the Supreme Court in favor of the. plaintiff, entered in the office of the clerk of the county of New York on the 29th day of January, 1895, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the complaint, and also from the order or decision entered in said clerk’s office on the 13th day of December, 1895, upon which said interlocutory judgment was entered.
1Opinion of the Court
Patterson, J.:
The question presented in this case seems to be one of first impression in this jurisdiction, and comes before the court on appeal from a judgment overruling a demurrer to the complaint. Stated with precision, the inquiry is, whether the defendant is liable cimliter and to this particular plaintiff for the unlawful dissection of the remains of her husband, an act not only unlawful, but constituting, on the assumption that the facts alleged are true, a criminal offense. The complaint sets forth that on the 16th of May, 1891, the plaintiff’s husband fell through an elevator shaft…
2Cases cited2 opinions
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Snyder v. SnyderNew York Supreme Court · 1880
3Cited by64 opinions
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- Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911
- Finley v. . Atlantic Transport Co.New York Court of Appeals · 1917
- Koerber v. PatekWisconsin Supreme Court · 1904
- Melfi v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 2009
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