Legal Opinion

O'Connor v. . City of New York

New York Court of Appeals

Decided February 25, 1908PublishedCited by 17 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 7, 1907, affirming an order of the Appellate Term, which reversed a judgment in favor of plaintiff entered upon a verdict in the City Court of the city of New York and an order denying a motion for a new trial and directed judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 7, 1907, affirming an order of the Appellate Term, which reversed a judgment in favor of plaintiff entered upon a verdict in the City Court of the city of New York and an order denying a motion for a new trial and directed judgment for the defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The City Court of the city of New York has jurisdiction of actions against the city of New York, where the cause of action arose within the limits…

1Opinion of the CourtGray, J.

The plaintiff brought an action in the City Court of the city of New York against the city to recover damages for the loss of the services of his wife, occasioned through personal injuries sustained by her from a fall into a coal hole, or vault, in a sidewalk. The objection was taken by answer that the court was without jurisdiction and a motion to dismiss the complaint, made at the opening of the trial upon that ground, was denied. The plaintiff recovered a judgment, which was reversed at the Appellate Term of the Supreme Court, and, upon a further appeal to the Appellate Division, the order…

2Cited by17 opinions

  1. Gaines v. . City of New YorkNew York Court of Appeals · 1915
  2. Roth v. Northern Assurance Co. Ltd.Illinois Supreme Court · 1964
  3. Rosa v. CantrellCourt of Appeals for the Tenth Circuit · 1982
  4. People v. . JacksonNew York Court of Appeals · 1908
  5. Burns v. Peoples Telephone & Telegraph Co.Tennessee Supreme Court · 1930

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