McLain v. The Mayor of the City of New York
New York Court of Common Pleas
Appeal by the plaintiff from a judgment at special term on demurrer to the plaintiff’s complaint. The complaint alleged the infancy of the plaintiff and the appointment of James McLain as her guardian ad litem, and “ that on or for a long time previous to the 20th of November, 1865, the defendants negligently, in violation of their duty in that behalf‘ suffered and permitted to be and remain open, uncovered and unguarded and unprotected in any way an area in the public…
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Appeal by the plaintiff from a judgment at special term on demurrer to the plaintiff’s complaint. The complaint alleged the infancy of the plaintiff and the appointment of James McLain as her guardian ad litem, and “ that on or for a long time previous to the 20th of November, 1865, the defendants negligently, in violation of their duty in that behalf‘ suffered and permitted to be and remain open, uncovered and unguarded and unprotected in any way an area in the public sidewalk, in that portion of the public street or highway known as East 12th street, in the city of New York, in front of the…
1Opinion of the Court
By the Court.
Brady, J.
The plaintiff, who is an infant, brought this action, through her guardian ad litem, to recover for injuries sustained by the negligence of the defendants. They demur to the complaint on two grounds :
1. That the complaint does not state facts sufficient to constitute a cause of action, and
2. That this court has no jurisdiction of the action.
The court, at special term, awarded judgment for the defendants on the demurrer, and the plaintiff appeals.
In the disposition of this appeal, it will be necessary only to consider the second ground of demurrer. The defendant invokes…
2Cases cited4 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- Outwater v. Mayor of New YorkNew York Court of Common Pleas · 1860
- Bretz v. Mayor of New YorkThe Superior Court of New York City · 1868
- Joyce v. Mayor of New YorkNew York Court of Common Pleas · 1860