Legal Opinion

Rosenberg v. Staten Island Railway Co.

New York Court of Common Pleas

Decided March 15, 1891PublishedCited by 1 opinion

Two actions by Samuel Rosenberg against the Staten Island Railway Company, one for injuries to his person, and the other for injuries to his property, caused by a collision with defendant’s cars. Defendant moves to consolidate the actions.

1Opinion of the CourtPryor, J.

The motion is by defendant to consolidate the actions. The one action is for injury to plaintiff’s horse and wagon by the negligent collision of defendant’s cars. The other action is for injury to plaintiff’s person by the same collision. The answers in both cases are literally identical. By the express provision of the Code, to be capable of consolidation, the causes of action must be such as may be united in a single complaint. Section 817. Here the two causes of action are not embraced in either of the first eight subdivisions of section 484 of the Code of Civil Procedure; the one being…

2Cases cited1 opinion

  1. Eleventh Ward Savings Bank v. HayNew York Court of Common Pleas · 1877

3Cited by1 opinion

  1. Bilikan v. Columbus Railway & Light Co., Court of Common Pleas of Ohio, Franklin County, Civil Division1910

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