Casey v. Davis & Furber Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John J. Casey, as administrator, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 23d day of May, 1911, upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the Onondaga Trial Term.
1Opinion of the Court
Foote, J.:
Plaintiff’s intestate, Anna L. Casey, began an action in her lifetime for the same cause of action as here against this defendant. The cause was tried and a verdict rendered in *424her favor and judgment thereon entered on March 20, 1909. Defendant appealed to this court on April 15, 1909. Miss Casey died on April 14, 1909. On the 7th of September, 1909, her father, the plaintiff, was appointed administrator of her estate and was later substituted in her place as plaintiff and respondent. On the 4th of May, 1910, said appeal was determined in this court and the judgment reversed and a…
2Cases cited5 opinions
- Wolf v. . American Tract SocietyNew York Court of Appeals · 1900
- Guldseth v. CarlinAppellate Division of the Supreme Court of the State of New York · 1897
- Dohn v. DawsonNew York Supreme Court · 1895
- Reilly v. Atlas Iron Const. Co.New York Supreme Court · 1894
- Casey v. Davis & Furber Machine Co.Appellate Division of the Supreme Court of the State of New York · 1910