Middleton v. . Whitridge
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 21, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for the death of plaintiff’s intestate, alleged to have' been occasioned through the negligence of the defendant. The facts, so far as material, are stated in the opinion. The defendant was negligent.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 21, 1913, upon an order reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint in an action to recover for the death of plaintiff’s intestate, alleged to have' been occasioned through the negligence of the defendant. The facts, so far as material, are stated in the opinion. The defendant was negligent. (Regner v. G. F. & S. F. S. R. Co., 74 Hun, 202; 6 Thompson on Neg. 452, § 7408; Hutchison on Carriers [3d ed.], § 992; 1…
1Opinion of the CourtMiller, J.
The respondent asks for a dismissal of the appeal, and, if I understand the grounds of the request, they are that under the authority of Wright v. Smith (209 N. Y. 249) this court cannot entertain jurisdiction, that the appeal does not lie as of right, and that the unanimous decision of the Appellate Division upon which the final judgment was entered pursuant to section 1317 of the Code of Civil Procedure is not reviewable.
The appeal is from a final judgment dismissing the complaint, so Wright v. Smith (supra) has no application. Whilst the point is not directly involved, we consider it our…
2Cases cited11 opinions
- Slocum v. New York Life InsuranceSupreme Court of the United States · 1913
- Sheridan v. Brooklyn City & Newtown RailroadNew York Court of Appeals · 1867
- Bothwell v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1913
- Lamport v. . SmedleyNew York Court of Appeals · 1914
- Wright v. . HunterNew York Court of Appeals · 1871
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- Nicastro v. ParkAppellate Division of the Supreme Court of the State of New York · 1985
- Martin v. City of AlbanyNew York Court of Appeals · 1977
- York Mortgage Corp. v. Clotar Construction Corp.New York Court of Appeals · 1930
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
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