Clark v. . Dillon
New York Court of Appeals
Appeal from judgment of the General Term of the Oourt of Common Pleas in and for the city and county of New York, entered upon an order made June 5, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence.
Read the full summary
Appeal from judgment of the General Term of the Oourt of Common Pleas in and for the city and county of New York, entered upon an order made June 5, 1882, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence. The complaint alleged in substance that defendants caused an excavation to be made in a public street in the city of New York, and left the same uncovered without any protection or guard; that, in consequence, plaintiff’s wife, while passing along said street in the night-time, without any fault or…
1Opinion of the Court
Ruger, Ch. J.
A defendant desiring to controvert the allegations of a complaint may do so either by a general or specific denial. An omission to do this in one form or the other is equivalent to an admission of the truth of the facts alleged and not controverted. Such denials are not required to be of any particular form or to be couched in any special phraseology, but they must be expressed in language that conveys to the mind of the reader a clear understanding of the facts they are intended to put in issue. It was formerly the settled rule to construe doubtful pleadings most strongly…
2Cases cited3 opinions
- Cruger v. . the Hudson River Railroad Co.New York Court of Appeals · 1854
- Bates v. RosekransNew York Supreme Court · 1861
- Spear v. DowningNew York Supreme Court · 1861
3Cited by74 opinions
- Griffin v. . Long Island Railroad Co.New York Court of Appeals · 1886
- Snyder v. FreeSupreme Court of Missouri · 1893
- State ex rel. MacKenzie v. CasteelIndiana Supreme Court · 1887
- People v. Equitable Life Assurance Society of United StatesAppellate Division of the Supreme Court of the State of New York · 1908
- Young v. SchofieldSupreme Court of Missouri · 1896
69 more not listed; retrieve them via the Exa API.