Bateman v. Forty-Second St., M. & St. N. Ave. Railway Co.
New York Court of Common Pleas
At chambers. On motion for judgment on demurrer to the complaint. Action by Elizabeth Bateman against the Forty-Second Street, Manhattan-ville & St. Nicholas Avenue Railway Company, impleaded with the mayor, aldermen, and commonalty of the city of New York. Defendants demur to ■complaint, and plaintiff moves for judgment.
1Opinion of the CourtBookstaver, J.
The amended complaint is demurred to on two grounds: First, on the ground that it alleged two causes of action,—one upon an alleged contract on the part of the defendant the railway company to keep portions of certain streets in repair, and the violation of this, together with a cause of action against the defendant sounding in tort for causing a portion of the streets by them to be kept in repair to be left in a dangerous and founderous condition; and, second, on the ground that two causes of action are improperly united in the complaint, to-wit, a cause of action against the defendant upon…
2Cases cited1 opinion
- McMahon v. . Second Avenue Railroad CompanyNew York Court of Appeals · 1878
3Cited by1 opinion
- Sparks v. Beacon Journal Building Co.Ohio Court of Appeals · 1933